Section 21-1505. PERMIT CONDITIONS

 

1505.1 The following minimum conditions shall be incorporated into, and made a part of every Wastewater Discharge Permit, whether such conditions are recited therein or not:

 

(a)The Industrial User shall report the actual wastewater constituents and characteristics of its discharge;

 

(b)The Industrial User shall report significant changes in operation, and in wastewater constituents and characteristics;

 

(c)The Industrial User shall allow reasonable access to its premises for the purpose of inspection or wastewater monitoring; and

 

(d)The Industrial User shall comply with each and every term and condition of the permit.

 

1505.2 Wastewater Discharge Permit holders shall comply with the requirements of this chapter. Individual or general permits may contain any or all of the following:

 

(a)Statement of duration (issuance date, effective date, and expiration date);

 

(b)Statement of non-transferability without prior notification to WASA in accordance with § 1505.10-1505.13, and requirement to provide the new owner or operator with a copy of the existing Wastewater Discharge Permit;

(c)Limits on rate and time of discharge and requirements for flow regulation and equalization;

 

(d)Effluent limits, including average and maximum wastewater constituents and concentrations and Best Management Practices, based on applicable general pretreatment standards, Categorical Pretreatment Standards, local limits, and State and local law;

 

(e)Requirements for installation of inspection and sampling facilities;

 

(f)Pretreatment requirements;

 

(g)Self-monitoring, sampling, reporting, notification and recordkeeping requirements, Best Management Practices to be monitored, an identification of the pollutants to be monitored (including the process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with 40 C.F.R. § 403.12(e)(2) and § 1507.11, or a specific waived pollutant in the case of an individual control mechanism), sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 C.F.R. § 403, Categorical Pretreatment Standards, local limits, and State and local law;

 

(h)Requirement for immediate notification to WASA where self-monitoring results indicate non-compliance and to repeat sampling and analysis and submit results to WASA within thirty (30) days after becoming aware of the violation;

 

(i)Requirement to immediately report a bypass or upset of a pretreatment facility and all discharges, including slug loadings, that could adversely impact the District’s wastewater system;

 

 (j)Requirements for notification of, and acceptance by, WASA of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater system;

 

(k)Requirements for disposal of sludges, floats, and skimmings;

 

(l)Requirements for submission of technical reports or discharge reports, including the submission of data obtained from monitoring which is conducted by the Industrial User, but which is not required by law, and frequency of submission;

 

(m)Requirements for maintaining records relating to wastewater discharge, including but not limited to, records of all information resulting from any monitoring activities, including documentation associated with Best Management Practices;

 

(n)Requirements for payment of permit fees, sampling and analysis fees, high strength waste fees, or other fees, as provided in chapter 1 of this title; 

 

(o)Requirements to control slug discharges, if WASA determines that is necessary;

 

(p)Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule; and

 

(q)Additional requirements as that WASA may determine.

 

1505.3 Wastewater Discharge Permit holders shall make available to their employees copies of this chapter and any other wastewater information and notices which WASA may furnish from time to time to achieve more effective water pollution control. A notice shall be furnished and permanently posted by the Industrial User in a conspicuous place advising employees whom to call in case of any discharge or accident in violation of this chapter.

 

1505.4 Wastewater Discharge Permits issued by User Jurisdictions that are not required to implement a pretreatment program by applicable federal law shall contain the condition(s) enumerated in §§ 1505.2 and 1518.7, appropriate to the facts and circumstances of such User Jurisdiction.

 

1505.5 Permits for Industrial Users shall be issued for a specified period of time and in no event shall a permit extend beyond five (5) years from the effective date of the permit.

 

1505.6 Industrial Users shall apply to renew their permit at least thirty (30) days prior to the expiration date of their permit. Upon request by an Industrial User, WASA may grant permission to submit an application to renew the permit at a later date, but no later than the date of expiration of the permit.  Failure to timely renew a permit shall constitute a violation of this chapter and shall be subject to the fines and penalties set forth in § 1516.

 

1505.7 If an Industrial User has timely applied to renew their permit and has submitted any additional information that WASA may request in connection with the application, and WASA does not issue a new permit before the expiration date of the previous permit, the previous permit shall be extended administratively and shall remain fully effective and enforceable.

 

1505.8 When WASA proposes changes in a permit before the expiration date of the permit, the permit holder shall be notified in writing at least sixty (60) days prior to the effective date of the changes. The notice shall include a specific time schedule for compliance if new pretreatment or control facilities are required. The time schedule shall be based on practical delivery and construction time requirements, and shall become a part of the permit.

 

1505.9 Wastewater Discharge Permits shall be issued to specific Industrial Users for specific operations.

 

1505.10 A Wastewater Discharge Permit may be assignable or transferable to another owner or operator only if:

 

(a) the Permittee gives advance written notice to WASA at least fourteen (14) days prior to execution of the assignment or transfer;

 

(b) the Permittee gives the new owner or operator a copy of the existing Wastewater Discharge Permit; and

 

(c) WASA approves the Wastewater Discharge Permit transfer.

 

1505.11 The Wastewater Discharge Permit Transfer notice shall include a written certification by the new owner or operator, which:

 

(a) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

 

(b) Identifies the specific date on which the transfer is to occur; and

 

(c) Acknowledges full responsibility for complying with the existing Wastewater Discharge Permit.

 

1505.12 A Wastewater Discharge Permit shall not be transferable to a new or significantly changed operation. The new Industrial User shall submit a new application for a Wastewater Discharge Permit and shall obtain a new permit prior to instituting a new or significantly changed operation.

 

1505.13 Any attempt to assign or transfer a Wastewater Discharge Permit without prior notice to WASA and WASA’s approval shall render the permit void from the date of the attempted assignment or transfer.

 

1505.14 Industrial Users may petition the General Manager to reconsider the issuance, revocation or denial of a Wastewater Discharge Permit or the terms or conditions of a discharge permit within fifteen (15) calendar days of the effective date of the permit by submission of a Permit Appeal form.  The submission of a Permit Appeal for reconsideration shall not stay compliance with Wastewater Discharge Permit conditions.

 

1505.15 Failure to submit a timely Permit Appeal for review shall be deemed to be a waiver of administrative appeal unless a time extension is granted by the General Manager.

 

1505.16 In the Permit Appeal, the Industrial User shall indicate the discharge permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the discharge permit.

 

1505.17 The General Manager shall review and make a final decision on the Permit Appeal.  The General Manager will send the Industrial User the final decision.

 

1505.18 If the Permit Appeal is denied by the General Manager or the Permittee is not satisfied with the General Manager’s final decision, the Industrial User may appeal the Permit Appeal decision as set forth in § 1519 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the General Manager’s final decision.  The petition for an administrative hearing shall be filed in accordance with the requirements set forth in 21 DCMR § 412.

 

authority

The Board of Directors (the Board) of the District of Columbia Water and Sewer Authority (DC Water or WASA) pursuant to the authority set forth in the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §§ 34-2201.01, et seq.(2010Repl.)) and the Wastewater System Regulation Amendment Act of 1985, effective March 12, 1986 (D.C. Law 6-95; D.C. Official Code §§ 8-105, et seq. (2008 Repl. & 2011 Supp.)).

source

Final Rulemaking published at 33 DCR 6194, 6195 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1034, 1044 (February 10, 2012).

EditorNote

The Notice of Final Rulemaking published at 59 DCR 1021 (February 10, 2012) amended chapter 15 in its entirety.