SECTION 98-9 [WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS]

(A) Wastewater Discharge Permit Duration

A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years. Each wastewater discharge permit will indicate a specific date upon which it will expire.

(B) Wastewater Discharge Permit Contents

A wastewater discharge permit shall include such reasonably necessary conditions to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

  1. Wastewater discharge permits must contain:
    1. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
    2. A statement that the wastewater discharge permit is nontransferable without prior notification to CCWA in accordance with Sec. 98-9 (E) of this ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
    3. Effluent limits based on applicable pretreatment standards;
    4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and
    5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.
  2. Wastewater discharge permits may contain, without limitation, the following conditions:
    1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
    2. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
    3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
    4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
    5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
    6. Requirements for installation and maintenance of inspection and sampling facilities and equipment;
    7. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
    8. Other conditions as deemed appropriate by the Manager to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations.

(C) Wastewater Discharge Permit Appeals

The Manager shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition CCWA to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

  1. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
  2. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
  3. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
  4. If CCWA fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
  5. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Clayton County, Georgia, Superior Court, within thirty (30) days of CCWA’s final administrative action.

(D) Wastewater Discharge Permit Modification

CCWA may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

  1. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;
  2. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
  3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
  4. Information indicating that the permitted discharge poses a threat to CCWA’s sewers, CCWA personnel, or the receiving waters;
  5. Violation of any terms or conditions of the wastewater discharge permit;
  6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
  7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
  8. To correct typographical or other errors in the wastewater discharge permit; or
  9. To reflect a transfer of the facility ownership or operation to a new owner or operator.

(E) Wastewater Discharge Permit Transfer

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days advance notice to CCWA and CCWA approves the wastewater discharge permit transfer. The notice to CCWA must include a written certification by the new owner or operator which:

  1. States that the new owner and/or operator have no immediate intent to change the facility's operations and processes;
  2. Identifies the specific date on which the transfer is to occur; and
  3. Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

(F) Wastewater Discharge Permit Revocation

CCWA may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

  1. Failure to notify CCWA of significant changes to the wastewater prior to the changed discharge;
  2. Failure to provide prior notification to CCWA of changed conditions pursuant to Sec. 98-10 (E) of this ordinance;
  3. Misrepresentation or failures to fully disclose all relevant facts in the wastewater discharge permit application;
  4. Falsifying self-monitoring reports;
  5. Tampering with monitoring equipment;
  6. Refusing to allow CCWA timely access to the facility premises and records;
  7. Failure to meet effluent limitations;
  8. Failure to pay fines;
  9. Failure to pay sewer service charges;
  10. Failure to meet compliance schedules;
  11. Failure to complete a wastewater survey or the wastewater discharge permit application;
  12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
  13. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this ordinance.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(G) Wastewater Discharge Permit Reissuance

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Sec. 98-8 (E) of this ordinance, a minimum of ninety (90) days prior to the expiration of the user's existing wastewater discharge permit.

(H) Regulation of Waste Received from Other Jurisdictions

No person or governments residing or operating outside the limits of Clayton County shall discharge or cause to be discharged any material into the sanitary sewer system of Clayton County without an Interjurisdictional Agreement or the prior approval of Clayton County Water Authority.

  1. If another jurisdiction, or user located within another jurisdiction, contributes wastewater to the POTW, CCWA may enter into an interjurisdictional agreement with the contributing jurisdiction.
  2. Prior to entering into an agreement, CCWA shall request the following information from the contributing jurisdiction:
    1. A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction;
    2. An inventory of all users located within the contributing jurisdiction that are discharging to the POTW; and
    3. Such other information as CCWA may deem necessary.
  3. An interjurisdictional agreement shall contain the following conditions:
    1. A requirement for the contributing jurisdiction to adopt a sewer use ordinance, which is at least as stringent as this ordinance, and local limits, which are at least as stringent as those, set out in Sec. 98-6 (D) of this ordinance. Requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to CCWA’s ordinance or local limits;
    2. A requirement for the contributing jurisdiction to submit a revised user inventory on at least an annual basis;
    3. A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing jurisdiction; which of these activities will be conducted by CCWA; and which of these activities will be conducted jointly by the contributing jurisdiction and CCWA (this is only valid if the contributing jurisdiction has an approved program);
    4. A requirement for the contributing jurisdiction to provide CCWA with access to all information that the contributing jurisdiction obtains as part of its pretreatment activities;
    5. Limits on the nature, quality, and volume of the contributing jurisdiction's wastewater at the point where it discharges to the POTW;
    6. Requirements for monitoring the contributing jurisdiction's discharge;
    7. A provision ensuring CCWA access to the facilities of users located within the contributor's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by CCWA; and
    8. A provision specifying remedies available for breach of the terms of the interjurisdictional agreement.