§ 3-6. Permit conditions - specific requirements.

(a) "New source" defined.

(1) "New source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Federal Water Pollution Control Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(i) the building, structure, facility, or installation is constructed at a site at which no other source is located;

(ii) the building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii) the production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site.

In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraph (1)(ii) or (iii) of this subsection but otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a new source as defined under this subsection has commenced if the owner operator has:

(i) begun or caused to begin as part of a continuous on-site construction program:

(A) any placement, assembly, or installation of facilities or equipment; or

(B) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(ii) entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time.

Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

(b) In general.

Permits shall contain the following:

(1) the average and maximum concentrations and/or loadings of permitted wastewater constituents; these limitations will be based upon applicable federal general and categorical pretreatment standards for new and existing sources per 40 CFR Subchapter N, Parts 401 through 471, local limits, and/or state and local laws;

(2) self-monitoring, sampling, reporting, notification, and record-keeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits, and/or state and local laws;

(3) requirements for submission of technical reports, discharge reports, waste disposal reports, or other reports as necessary;

(4) requirements for:

(i) maintaining plant records relating to wastewater discharge, as specified under § 21-1 of this article; and

(ii) affording the City access thereto;

(5) requirements for amending the permit if discharge is significantly changed;

(6) effective date and expiration date;

(7) statement of non-transferability, as specified in § 3-10 of this subtitle;

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

(9) other conditions as deemed appropriate by the Director to insure compliance with this article and with state and federal pretreatment standards and requirements.

(1) Permit requirements based upon federal standards may not be waived.

(2) No consideration will be given to a request for a waiver of federal general or categorical pretreatment standards.