Permit provisions.
Memphis Code of Ordinances § 13-24-23
in effectSec. 13-24-23. - Permit provisions.
A. General authority/change of discharge. The control authority has the right to deny issuance of a permit (and, as such, the use of the city's sewer system and treatment facilities) or to impose such conditions in a discharge permit as the city deems appropriate, including conditions upon the types of wastes that can be discharged (e.g., precluding wastes which are solid or viscous in nature), new or increased contributions of pollutants, or changes in the nature of pollutants to the POTW by industrial users or other users. Except as otherwise provided by the control authority, any significant industrial user changes that have the potential to substantially increase flow or pollutants discharged or otherwise substantially affect the POTW, the treatability of the wastewater entering the POTW, or the ability of the POTW to meet NPDES, sludge and other applicable requirements, are subject to control authority approval prior to SIU implementation. The authority may require the SIU to undertake a compatibility study to demonstrate to the satisfaction of the control authority that the wastewater to be discharged is compatible with the existing POTW, will not affect any requirements imposed upon the city (including sludge disposal requirements), and will not otherwise adversely affect the POTW. The control authority may preclude the discharge of certain wastes even if those wastes would otherwise meet numeric effluent limits for specific pollutants.
B. Requirements applicable to all users. Users, whether permitted (e.g., with an individual or a general permit), are hereby expressly subject to all provisions pertaining to users as set forth in: (1) 40 C.F.R. Part 403, (2) 40 C.F.R., Chapter I (Environmental Protection Agency), Subchapter N (Effluent Guidelines and Standards), Parts 405 et. seq. (categorical pretreatment requirements), (3) Tennessee pretreatment requirements as set forth in Rule 0400-40-14-.05, and (4) This chapter, as well as all other applicable ordinances, regulations, charges, and fees administered by the division of public works. User compliance with these requirements is required whether or not such requirements are specifically incorporated into an SIU discharge permit or other user permit.
C. Permit conditions. SIU discharge permits and other user permits, whether individual or a general permit, may contain such conditions as the city deems appropriate including, but not limited to, the following conditions:
1. Minimum and maximum pH limits in standard units and/or hydroxide loading;
2. Daily maximum limits, weekly average limits, monthly average limits, and instantaneous maximum limits
3. Daily maximum, weekly and monthly average discharge flow limits and, when deemed appropriate by the control authority, flow regulation and/or equalization, including average and/or maximum flow rates;
4. Requirements for installation of inspection and sampling facilities, and when required, for continuous pH monitoring and flow monitoring;
5. When categorical standards are applicable, categorical pretreatment standards, effluent limits, best management practices, baseline monitoring reports, compliance monitoring, and certification statements, based on applicable general pretreatment standards in Part 403 of the Federal Regulations;
6. Other best management practices (e.g., to implement local limits and/or the requirements of sections 13-24-43 and 13-24-44 in addition to, or in lieu of, the underlying 13-24-43 and 13-24-44);
7. A prohibition on the use of dilution to meet permit limits (e.g., to meet color limits) and/or the imposition of mass limitations to prevent dilution to meet applicable pretreatment standards or pretreatment requirements or where otherwise deemed appropriate;
8. Self-monitoring, sampling, reporting (e.g., electronic reporting), notification and record keeping requirements, including an identification of the pollutants to be monitored, sample location, sampling frequency, sample type, and numbers, types, and standards for tests;
9. Requirements for submission of self-monitoring and other reports;
10. Maintaining plant records relating to wastewater discharge, as specified by the control authority, and for affording the control authority access thereto;
11. Maximum discharge rates, or other appropriate limits or prohibitions, when a potentially incompatible pollutant is proposed or present in the user's wastewater discharge or otherwise deemed appropriate by the control authority;
12. Penalties and damages for violation of the permit and provisions of chapter 13-24 of this title, including any daily penalties, costs to the control authority, and damages. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any schedule to achieve compliance with applicable requirements, however, such schedules do not extend the compliance date beyond applicable Federal and state deadlines;
13. Statement of duration;
14. Statement of non-transferability or a provision allowing transfer of a permit with, at a minimum, prior notification to the control authority and provision of a copy of the existing control mechanism to the new owner or operator;
15. When deemed appropriate by the control authority, compliance schedules to meet applicable requirements (e.g., local ordinance requirements and/or Federal Categorical Pretreatment Standards);
16. Requirements for repeat sampling after becoming aware of a violation;
17. Requirements to control slug discharges, if determined by the control authority to be necessary;
18. Requirements pertaining to the proper operation and maintenance of the user's treatment, sampling and analytical equipment, and notification to the authority regarding the failure of such equipment;
19. Requirements to address control authority concerns about the potential effect of influent sulfur content (e.g., upon the biogas at the WWTP) or the effect of other wastewater characteristics upon activities at the WWTP;
20. Action levels;
21. Other conditions as deemed appropriate by the control authority; and
22. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with section 13-24-42(H).
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT13PUSE_CH13-24PR_ART2SYDIINFESTRE_S13-24-23PEPRFetched: 10/28/2026