Industrial wastewater discharge permits and related authorizations and control mechanisms.
Las Vegas Municipal Code § 14.17.030
in effect14.17.030 - Industrial wastewater discharge permits and related authorizations and control mechanisms.
(A) Industrial wastewater discharge permits required. All SIUs proposing to connect to or discharge wastewater into the POTW shall apply for and obtain an industrial wastewater discharge permit from the Director, prior to commencing discharge to the POTW. The Director may require a separate permit for each SIU building or complex of buildings.
(B) New industrial users. Applying for an industrial wastewater discharge permit, an authorization to discharge, or another control mechanism. Any industrial user required to obtain an industrial wastewater discharge permit, authorization to discharge, or other control mechanism who proposes to begin or recommence discharging into the POTW must apply for and obtain such permit, authorization or other mechanism prior to the beginning or recommencing of such discharge. The industrial user shall file an industrial wastewater discharge application on forms provided by the Director containing the information specified in subsection (F) below. The completed application must be filed at least ninety days prior to the date upon which any discharge will begin or recommence. An industrial wastewater discharge application containing incomplete or inaccurate information will not be processed and will be returned to the industrial user. The Director may issue an industrial wastewater discharge permit, authorization to discharge, or other control mechanism at any time after receipt of the completed wastewater industrial wastewater discharge application.
(C) Existing industrial users. Applying for the reissuance of an industrial wastewater discharge permit, an authorization to discharge, or other control mechanism. An industrial user with an expiring industrial wastewater discharge permit, authorization to discharge, or other control mechanism shall apply for a new permit, authorization or other control mechanism by submitting a complete industrial wastewater discharge application at least ninety days prior to the expiration of the industrial user's existing permit, authorization or other control mechanism. The industrial user shall file an industrial wastewater discharge application on forms provided by the Director containing the information specified in subsection (F) below. An industrial wastewater discharge application containing incomplete or inaccurate information will not be processed and will be returned to the industrial user. An industrial user with an existing industrial wastewater discharge permit, authorization to discharge, or other control mechanism that has filed a complete and timely application for reissuance may continue to discharge, as approved in writing by the Director, through an administrative extension of the existing permit, authorization, or control mechanism if the delay in the reissuance of a permit, authorization or control mechanism is not due to any act or failure to act on the industrial user's part.
(D) Other industrial users. The Director may require other industrial users to apply for and obtain an industrial wastewater discharge permit, authorization to discharge or other control mechanism to carry out the purposes of this Chapter. The Director may issue an industrial wastewater discharge permit, a zero-discharge permit, or other control mechanism, including, but not limited to, authorizations to discharge and letters authorizing discharge as determined to be appropriate.
(E) Enforceability. Any violation of the terms and conditions of an industrial wastewater discharge permit, authorization to discharge, or other control mechanism; the failure to apply for such a permit, authorization, or other control mechanism; or discharging without a permit, authorization, or other control mechanism shall be deemed a violation of this Chapter and shall subject the industrial user to enforcement action by the Director. Obtaining an industrial wastewater discharge permit, authorization to discharge, or other control mechanism does not relieve a discharger of its obligation to comply with all State and Federal pretreatment standards or requirements.
(F) Industrial wastewater discharge application contents. An application related to industrial wastewater discharge shall contain or be accompanied by the following:
(1) Name of business, address of the facility, location of the discharge if different from the facility address, and contact information (telephone number and email address) for the owner, operator and the authorized representative of the industrial user.
(2) Environmental permits. A list of any industrial wastewater permits, authorizations to discharge, or other control mechanisms held by or for the facility.
(3) Description of operations.
(a) A brief description of the nature, average and maximum rate of production (including each product produced by type, amount, processes, and rate of production);
(b) The Standard Industrial Classification(s) (SIC) Code or North American Industry Classification System (NAICS) Code, or both, for the operation(s) carried out by the industrial user;
(c) A schematic process diagram showing each process step, wastestream, treatment step, internal recycling process, and points of discharge to the POTW. This diagram shall identify which wastestreams are subject to a categorical pretreatment standard, if applicable. The industrial user shall also submit site plans, floor plans, mechanical and plumbing plans and details showing all sewers, sewer connections, floor drains, inspection manholes, and sampling chambers by size, location, and elevation;
(d) A listing of all industrial process streams and the type(s) of wastes generated from each process;
(e) A list of all raw materials and chemicals used or stored at the facility;
(f) Number of employees; and
(g) Hours of operation.
(4) Time and duration of discharges including the date the industrial user first began discharge or plans to discharge to the POTW.
(5) The location for sampling the wastewater discharges from the industrial user.
(6) Flow measurement. Information showing the average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e). For new sources and new permittees not currently discharging, an estimate of flows may be used for meeting the requirements of the baseline monitoring report required in LVMC 14.17.065(B).
(7) Measurement of pollutants.
(a) The categorical pretreatment standards applicable to each regulated process;
(b) The daily maximum discharge limits adopted by the City as specified in LVMC 14.17.015(D).
(c) The results of sampling and analysis identifying the nature and concentration (or mass) of regulated pollutants in the discharge from each regulated process where required by the applicable standard or by the Director;
(d) Instantaneous, daily maximum and long-term average concentrations, or mass, where required;
(e) Samples representative of daily operations, which shall be collected and analyzed in accordance with procedures set out in Section 14.17.060. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical user covered by a categorical pretreatment standard, this adjusted limit, along with supporting data, shall be submitted as part of the application; and
(f) Where an applicable standard requires compliance with BMPs or pollution prevention alternative, documentation as required by the Director or the applicable standard to determine compliance with the standard.
(8) A list of hazardous waste(s) generated and a description of the storage area and procedures for handling and disposal of the wastes.
(9) A slug discharge control plan, as described in LVMC 14.17.065(E), for SIUs and as required by the Director for other industrial users.
(10) Compliance schedule. If additional pretreatment or O&M, or both, will be required to meet pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment, O&M or both. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
(a) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). No such increment shall exceed nine months.
(b) Not later than fourteen days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Director.
(11) Certification. A statement, reviewed by the authorized representative of the industrial user and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional O&M or additional pretreatment (or both) is required for the industrial user to meet the pretreatment standards and requirements.
(12) Signatory certification. All industrial wastewater discharge applications and certification statements must be signed by the authorized representative of the industrial user and contain the applicable certification statement(s) in LVMC 14.17.065(H).
(13) Any other information as may be deemed by the Director to be necessary to evaluate the discharge application.
(G) Issuance of permits, authorizations to discharge, or other control mechanisms.
(1) Industrial wastewater discharge permits shall be issued for a specified time period, not to exceed five years. An industrial wastewater discharge permit may be issued for a period of less than five years at the Director's discretion or may be stated to expire on a specific date.
(2) Authorizations to discharge or other control mechanisms shall be issued for an indefinite period of time, at the Director's discretion.
(3) Where the Director is issuing an industrial wastewater discharge permit containing enforceable permit-specific pretreatment standards or requirements not otherwise contained in this Chapter, notice of the pretreatment standards or requirements shall be given in a way that provides for meaningful public notice, either by providing notice for public comment for thirty days in a newspaper of general circulation or by providing notice by means of a typical City Council approval process.
(4) The Director shall issue to an applicant an industrial wastewater discharge permit, an authorization to discharge, or other control mechanism if the Director finds that all the following conditions are met:
(a) The applicant has provided a timely and complete application to the Director;
(b) The proposed discharge by the applicant is in compliance with the pretreatment standards and requirements established in this Chapter and 40 CFR Part 403;
(c) The proposed operation and discharge of the applicant would permit the normal and efficient operation of the POTW; and
(d) The proposed discharge by the applicant would not result in a violation by the City of the terms and conditions of its NPDES permit or cause pass through or interference.
(4) If the Director finds that the condition set out in Paragraph (4)(b) of this subsection (G) is not met, the Director has the discretion to issue an industrial wastewater discharge permit to the applicant if the conditions set out in Paragraphs (4)(a), (4)(c) and (4)(d) of this subsection (G) have been met and if the applicant submits, and the Director approves, a compliance schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to insure compliance with applicable pretreatment standards and requirements. At no time shall a discharge be allowed to cause a violation of any general or specific prohibition established in Section 14.17.015 nor shall the final compliance date for a categorical pretreatment standard be extended.
(H) Administrative appeals regarding permits, authorizations to discharge, or other control mechanisms.
(1) Any industrial user may file a petition to reconsider the terms of an industrial wastewater discharge permit, authorization to discharge, or other control mechanism, or may appeal a decision by the Director to deny such a permit, authorization, or control mechanism. Failure to submit a timely petition or appeal under this subsection (H) shall be deemed to be a waiver of the right to such a petition or appeal. The effectiveness of an existing industrial wastewater discharge permit, authorization to discharge, or other control mechanism shall not be stayed pending the consideration of a petition to reconsider or an appeal.
(2) In order for a petition to reconsider or an appeal to be considered under this subsection (H), it must be filed with the Director in writing within fifteen days of the Director's action. The industrial user shall set forth in detail the facts that support the petition or appeal. Such a statement of facts must include any newly discovered relevant fact that was not known or was unavailable to the industrial user at the time of the Director's action. The Director shall render a written decision with respect to a petition or appeal under this subsection (H) within forty-five days after receipt of the petition or appeal.
(I) Temporary industrial wastewater discharge permit. A temporary industrial wastewater discharge permit may be required of an industrial user who is not an SIU and is seeking to discharge wastewater to the POTW on a limited basis. The industrial user shall be required to complete an application for discharge as prescribed by the Director. No discharge shall be made until such time as the Director authorizes the discharge.
(J) Transferability of industrial wastewater discharge permit, authorization to discharge, or other control mechanism.
(1) An industrial wastewater discharge permit, authorization to discharge, or other control mechanism is issued to a specific industrial user for a specific operation. An industrial wastewater discharge permit may not be assigned, transferred or sold to a new owner or a new industrial user, or transferred to a different premises or for a new or changed operation, without the prior written approval of the Director. Failure to provide advance notice of such a transaction (a "facility transfer") renders the industrial wastewater discharge permit void as of the date of facility transfer, and the discharge of wastewater shall be prohibited. An authorization to discharge or other control mechanism may not be assigned, transferred or sold to a new owner or a new industrial user, or transferred to a different premises or for a new or changed operation.
(2) In the case of a proposed facility transfer, duly authorized representatives of the existing industrial user and of a proposed new owner, assignee or transferee of the operation, shall jointly or separately submit a written request to the Director for approval of the transaction. The request must be made at least thirty days prior to the facility transfer and must:
(a) State that there shall be no changes to the facility's operations and processes unless a permit application has been submitted by the new duly authorized representative of the industrial user;
(b) Identify the specific date on which the facility transfer will occur;
(c) Identify the legal name and trade name, if any, of the new industrial user and the address of its corporate offices;
(d) Identify the contact information of the new facility's authorized representative, the mailing address at which such representative may receive notice(s) from the Director, and the name and contact information for the facility manager, if different than the duly authorized representative of the industrial user; and
(e) Acknowledge and agree that:
(i) The new owner or operator has received a copy of the industrial wastewater discharge permit and has a legal, valid and binding obligation to comply with all requirements of the transferred industrial wastewater discharge permit;
(ii) Such transfer is within the power and authority of the existing permittee and the new owner or operator without the joinder or consent of any other party, and has been authorized by all requisite corporate or partnership action on the part of the permittee and new owner or operator;
(iii) Neither the transfer nor the Director's approval of the transfer shall in any respect relieve the permittee any obligation or liability occurring prior to the transfer or of responsibility for acts or omissions occurring prior to the transfer, known or unknown;
(iv) The City waives none of its rights with respect to the permittee's or the new owner's or operator's compliance with the terms and conditions of the industrial wastewater discharge permit;
(v) The City grants its approval of the transfer in reliance upon the representations, documents, and information provided by the permittee and new owner or operator in connection with the request for transfer; and
(vi) The approval of the transfer shall not in any way be deemed a representation by the City that the permittee or new owner or operator are in full compliance with the terms and conditions of the permit.
(K) Conditions of industrial wastewater discharge permits, authorizations to discharge or other control mechanisms.
(1) Industrial wastewater discharge permits, authorizations to discharge, and other control mechanisms shall be expressly subject to all provisions of this Chapter and all other applicable regulations, as well as user charges and fees established by the City.
(2) Industrial wastewater discharge permits shall contain the following:
(a) A statement that indicates the industrial wastewater discharge permit's issuance date, expiration date and effective date;
(b) The legal name and trade name, if any, of the industrial user and the address of its corporate offices, and a requirement to notify the Director at least thirty days prior to a change to the legal name of the permittee;
(c) The name and contact information (telephone and email address) of the duly authorized representative of the industrial user, the mailing address at which such representative may receive notice(s) from the City, and the name and contact information (telephone and email address) for the facility manager, if different than the duly authorized representative;
(d) A statement on industrial wastewater discharge permit transferability pursuant to LVMC 14.17.030(J).
(e) Effluent limits, including BMPs, based upon applicable pretreatment standards and information submitted by the discharger or identified by the Director;
(f) Self-monitoring, sampling, reporting, notification and record-keeping requirements including, but not limited to, identification of the pollutants or BMPs to be monitored, sampling location, sampling frequency and sample type, twenty-four-hour notice of non-compliance and other applicable pretreatment requirements based on Federal, State and local law;
(g) Statements of applicable enforcement remedies and administrative, civil and criminal penalties for the violation of pretreatment standards and requirements, the permit, this Chapter, and any applicable compliance schedule;
(h) Requirements to immediately notify the City of any changes at the industrial user's facility affecting the potential for a slug discharge, and for the industrial user to immediately report any slug discharges, spills or accidental discharges, including any discharges that may cause a problem to the POTW; and
(i) Reapplication requirements.
However, the failure of a permit to contain any of the above items shall not subject the City to liability to an industrial user or a third party, and shall not by itself void or invalidate the permit.
(3) Industrial wastewater discharge permits, as well as authorizations to discharge and other control mechanisms, may include, as appropriate:
(a) Any applicable schedule of user charges and fees for the wastewater to be discharged into a public sewer;
(b) Limits on average and maximum rate and time of discharge or requirements for flow equalization;
(c) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(d) BMPs to control specific pollutants as necessary to meet the objectives of this Chapter;
(e) Compliance schedules;
(f) Requirements to reapply for a new permit prior to expiration of the existing permit, to the extent not covered in subsection (2)(i) above;
(g) 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 POTW;
(h) Requirements to develop and implement waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(i) Closure requirements for permitted facilities undergoing partial or complete closure activities to ensure closure activities are completed and wastes have been properly disposed and remaining access to sanitary and storm sewers are protected;
(j) A requirement to develop (as well as maintain current) a slug control plan pursuant to LVMC 14.17.065(E), if determined by the City to be necessary; and
(k) Other conditions as deemed appropriate by the Director to ensure compliance with all applicable local, State and Federal rules and regulations.
(L) Modification of industrial wastewater discharge permits, authorizations to discharge, or other control mechanisms.
(1) An industrial wastewater discharge permit, authorization to discharge, or other control mechanism may be modified by the Director in accordance with this subsection (L). Notification of a proposed modification does not stay any condition of such a permit, authorization, or other control mechanism. In connection with a modification, the Director may require a compliance schedule where appropriate. The Director may modify an industrial wastewater discharge permit, authorization to discharge, or other control mechanism for good cause, including, but not limited to, for any one or more of the following reasons:
(a) To incorporate any new or revised Federal, State, or local pretreatment standards or requirements or to reflect changes in applicable State or Federal standards;
(b) To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the issuance of the industrial wastewater discharge permit, authorization to discharge, or other control mechanism;
(c) To address or respond to a change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) In response to information indicating that a discharge authorized pursuant to an industrial wastewater discharge permit, authorization to discharge, or other control mechanism poses a threat to the POTW, City personnel, or the receiving waters;
(e) Violation of any terms or conditions of the industrial wastewater discharge permit, authorization to discharge, or other control mechanism;
(f) Any misrepresentation or failure to fully disclose all relevant facts in a discharge-related application or in any required reporting;
(g) To reflect a change in the legal name of the permittee, or a transfer of the facility ownership or operation (or both) to a new owner or operator;
(h) When there is a revision of, or a variance is granted from, applicable categorical pretreatment standards;
(i) To correct typographical or other errors in the industrial wastewater discharge permit, authorization to discharge, or other control mechanism; or
(j) Upon and in accordance with a request of the holder of the permit, authorization, or other control mechanism, provided the modification would not result in a violation of any applicable pretreatment standards or requirements, or of this Chapter.
(2) An industrial user shall file a written request for a modification of an industrial wastewater discharge permit whenever there has been a change in the legal name or trade name of the user or a change in the name or mailing address of the duly authorized representative of the industrial user. The request shall be submitted to the Director as soon as practicable but no later than thirty days following implementation of the change. An industrial wastewater discharge permit will be non-transferable and subject to revocation if such request is not filed in the timeframe required.
(M) Revocation of industrial wastewater discharge permit, authorization to discharge, or other control mechanism. An industrial wastewater discharge permit, authorization to discharge, or other control mechanism may be revoked pursuant to this subsection (M) upon any grounds set forth in this subsection. Upon revocation of a permit, authorization to discharge, or other control mechanism, or discharge authorization, any wastewater discharge by the industrial user to whom the permit, authorization, or other control mechanism pertains is prohibited and shall constitute a violation of this Chapter. Additional procedural provisions for revocation are as set forth in LVMC 14.17.075(C)(8). Permissible grounds for revocation of a permit, authorization to discharge, or other control mechanism under this subsection include, but are not limited to, the following:
(1) Violation of the terms or conditions of an industrial wastewater discharge permit, of any pretreatment standard or requirement, of other control mechanisms, of an authorization to discharge, of this Chapter, or of applicable State or Federal regulations;
(2) Failure of an industrial user to accurately disclose or report the wastewater constituents and characteristics of any discharge;
(3) Failure of an industrial user to report significant changes in operations or wastewater constituents and characteristics as required;
(4) Refusal to allow timely access or entry to the industrial user's premises for the purpose of inspection or monitoring;
(5) Falsification of records, reports or monitoring results;
(6) Tampering with monitoring methods or equipment;
(7) Misrepresentation of, or failure to submit or fully disclose, all relevant facts in an industrial wastewater discharge application;
(8) Failure to pay fines or penalties;
(9) Failure to pay sewer charges, surcharges, or City pretreatment program fees;
(10) Failure to meet compliance schedules;
(11) Failure to provide advance notice of the transfer of business ownership of a permitted facility;
(12) Failure to provide required reports, including but not limited to, a wastewater survey, baseline monitoring report, ninety-day compliance report, permit application, self-monitoring report or other permit required reports or notifications within the timeframe required by the City;
(13) Causing the invocation of the City's emergency authority pursuant to LVMC 14.17.075(C)(7); or
(14) Closure of the facility or failure of the industrial user to commence discharge within one hundred and eighty days after the effective date of the industrial wastewater discharge permit.
(N) Employee access to certain documents. In order for the employees of industrial users to be informed of the requirements of the City, each industrial user shall make available to its employees:
(1) Copies of the user's industrial wastewater discharge permit, authorization to discharge, or other control mechanism; and
(2) Copies of this Chapter, together with such other wastewater information and notices as may from time to time be furnished by the Director that address more effective pollution control.
(Ord. No. 6891, § 2, 11-6-24)
Source: City of Las Vegas, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/las_vegas/codes/code_of_ordinances?nodeId=TIT14PUSE_CH14.17WACOTR_14.17.030INWADIPEREAUCOMEFetched: 10/28/2026