Wastewater discharge permit issuance process.
San Antonio City Code § 34-475
in effectSec. 34-475. - Wastewater discharge permit issuance process.
Within sixty (60) calendar days from the date the permit application is approved (section 34-474(4)), the control authority shall issue the wastewater discharge permit to the user.
(1) Permit duration. Permits issued to significant industrial users shall be issued for a period of five (5) years or for a period of less than (5) years if established by the control authority. The terms and conditions of the permit are subject to modification by the department during the term of the permit as limitations or requirements as identified in this division are modified, or other just cause exists that warrants modification.
(2) Permit contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the control authority 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. Permits shall, at a minimum, address the following:
(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
(b) A statement that the wastewater discharge permit is non-transferrable without prior notification to and authorization from the department in accordance with section 34-475(4) of this division;
(c) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a regional system sewer, and/or for the monitoring, sampling, testing, and analysis thereof;
(d) Limits on the average and maximum wastewater constituents and characteristics;
(e) Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(f) Requirements for installation and maintenance of inspection and sampling facilities, including technical data relative to location, slope, and capacity of piping used in the sampling facility or discharge point;
(g) Specifications for monitoring programs which may include the number of sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(h) Compliance schedules for the installation of technology needed to meet applicable pretreatment standards and requirements, including specific dates and increments of progress. Compliance schedules shall be filed according to sections 34-478(1)(c)(7) and 34-478(2) of this division;
(i) Requirements for submission of technical reports or discharge reports;
(j) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Control Authority and affording the control authority access thereto as specified in 40 CFR 403.12(o);
(k) Requirements for reporting the introduction of any new wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the regional system;
(l) Requirements for reporting accidental and/or slug discharges as per the provisions of this division;
(m) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(n) 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;
(o) A statement of applicable civil and criminal penalties for violation of the permit and/or this division;
(p) Other conditions as deemed appropriate by the control authority to ensure compliance with this division, including but not limited to, self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type;
(q) Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards.
(3) Wastewater discharge permit modification. The control authority may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(b) 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;
(c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat to the POTW, the control authority personnel, the receiving waters, its sludge or recycled water quality, and/or upset to the wastewater treatment plant;
(e) Violation of any terms or conditions of the wastewater discharge permit;
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) Revision of a categorical pretreatment standard pursuant to 40 CFR 403.13;
(h) To correct typographical or other errors in the wastewater discharge permit; or
(i) To reflect a transfer of the facility ownership or operation to a new owner or operator, or to reflect a change in the authorized representative including date of birth;
(j) The director reserves the right and shall have the authority to deny any increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit.
(k) To change from a discharge to zero discharge permittee, or vice versa, the control authority may require all unsettled violations be resolved through the control authority legal department.
(4) Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the control authority and the control authority approves the wastewater discharge permit transfer. The notice to the control authority must 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;
(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit; and
(d) States whether liabilities for past or present permit violations will become the responsibility of the new owner/operator.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer, and shall constitute a violation of this division.
(5) Wastewater discharge permit revocation. The control authority may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) Failure to notify the control authority of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the control authority of changed conditions pursuant to section 34-478(5) of this division;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports;
(e) Tampering with monitoring or surveillance equipment;
(f) Refusing to allow the control authority timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide advance notice of the transfer of business ownership of a permitted facility;
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this division; or
(n) Failure to provide, operate and maintain, at all times, wastewater pretreatment equipment as is necessary to comply with this division.
Wastewater discharge permits shall be voidable upon cessation of operations. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user, however, liability for violations of previous permits will not be extinguished by the issuance of a new permit.
(6) Wastewater discharge permit renewal. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit renewal by submitting a complete permit application, in accordance with section 34-474(2) of this division, a minimum of ninety (90) days prior to the expiration of the user's existing wastewater discharge permit. Failure to reapply for a permit may result in an enforcement action.
(Ord. No. 81771, § 2(App. I), 3-2-95; Ord. No. 85765, § 1, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04; Ord. No. 2014-06-19-0472, § 1(Exh. A), 6-19-14; Ord. No. 2019-02-14-0123, § 1(Att. I), 2-14-19)
Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH34WASE_ARTVSETRTRDI_DIV3INWA_S34-475WADIPEISPRFetched: 10/27/2026