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Discharge Permits

Metropolitan Code of Nashville and Davidson County tit. 15, div. I, ch. 15.60, art. II
in effect

Metropolitan Code of Nashville and Davidson County § 15.60.200 Applicability of article.

15.60.200 - Applicability of article. The provisions of this chapter are applicable to all industrial users of the POTW. Any permits issued hereunder to industrial users who are subject to or who become subject to a "National Pretreatment Standard" as that term is defined in 40 CFR Section 403.3(i) shall be conditioned upon the industrial user's also complying with all applicable substantive and procedural requirements promulgated by the Environmental Protection Agency or the state in regard to such National Pretreatment Standards. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (a))

Metropolitan Code of Nashville and Davidson County § 15.60.210 Application—Requirements.

15.60.210 - Application—Requirements. All industrial users of the POTW prior to discharging nondomestic waste into the POTW shall apply for and obtain a wastewater discharge permit in the manner hereinafter set forth. All original applications shall be accompanied by a report containing the information specified in Section 15.60.220. All original applications shall also include a site plan, floor plan, mechanical and plumbing plans with sufficient detail to show all sewers and appurtenances in the user's premises by size, location and elevation; and the user shall submit to the director revised plans whenever alterations or additions to the user's premises affect said plans. Any currently connected user discharging waste other than domestic waste who has not heretofore filed such a report shall file the same with the director prior to twelve months from adoption of this chapter (October 7, 1980). All correspondence to Metro required by this chapter shall be addressed to the Environmental Compliance Section, Metro Department of Water and Sewerage Services, 1600 Second Avenue North, Nashville, TN 37208. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (b))

Metropolitan Code of Nashville and Davidson County § 15.60.220 Application—Report requirements.

15.60.220 - Application—Report requirements. A. The report required by Section 15.60.210 above or other provisions of this title for all Industrial users shall contain in units and terms appropriate for evaluation the information listed in paragraphs (1) through (5) of subsection B below. Industrial users subject to National Pretreatment Standards shall submit to the director a report which contains the information listed in subsection B below within one hundred eighty days after the promulgation by the Environmental Protection Agency of a National Pretreatment Standard under Section 307(b) or (c)) of the Act or prior to twelve months from adoption of this title where such National Pretreatment Standards have been promulgated prior to the effective date of this title; provided that industrial users subject to the requirements of 40 CFR Section 403.12 may file with the director a copy of a report submitted to the "control authority," as defined in said section, in lieu of the report herein provided. Industrial users who are unable to achieve a discharge limit set forth in Article I of this chapter without improved operation and maintenance procedures of pretreatment shall submit a report which contains the information listed in subsection B. of this section. B. As specified hereinabove, the report shall contain all or applicable portions of the following: 1. The name and address of the industrial user; 2. The location of such industrial user; 3. Description of operations: (a) A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes, (b) Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; (c) Number and type of employees, hours of operation, and proposed or actual hours of operation; (d) Type and amount of raw materials processed (average and maximum per day); (e) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge. 4. The average and maximum flow of the discharge from such industrial user to the POTW, in gallons per day; 5. The nature and concentration of pollutants in the discharge from each regulated process from such industrial user and identification of any applicable pretreatment standards and requirements. The concentration shall be reported as a maximum or average level as provided for in the applicable pretreatment standard; if an equivalent concentration limit has been calculated in accordance with any pretreatment standard, this adjusted concentration limit shall also be submitted to the director for approval; 6. A statement, reviewed by an authorized representative of the industrial user (as defined in Section 15.04.060) and certified by a qualified professional, who shall be approved in writing by Metro, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance procedures or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements; and 7. If additional pretreatment or operation and maintenance procedure will be required to meet the pretreatment standards, then the report shall contain the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule for pollutants assigned National Pretreatment Standards shall not be later than the completion date established for the applicable National Pretreatment Standard. 8. The location for monitoring all wastes covered by the permit. 9. Measurement of pollutants: (a) The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources. (b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by Metro, of regulated pollutants in the discharge from each regulated process. (c) Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. (d) The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 15.60.285 of this ordinance. Where the Standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by Metro or the applicable Standards to determine compliance with the Standard. 10. Any other information as may be deemed necessary by Metro to evaluate the permit application. C. For purposes of this section, when the context so indicates, the phrase "pretreatment standard" shall include either a National Pretreatment Standard or a pretreatment standard imposed as a result of the user's discharging any incompatible pollutant regulated by Article I of this chapter. For purpose of this section, the term "pollutant" shall include any pollutant identified in a National Pretreatment Standard or any incompatible pollutant identified in Article I of this chapter. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (c)).

Metropolitan Code of Nashville and Davidson County § 15.60.230 Incomplete applications—Notice to correct—Denial.

15.60.230 - Incomplete applications—Notice to correct—Denial. The director will act only on applications that are accompanied by a report which contains all the information required in Section 15.60.220. Persons who have filed incomplete applications will be notified by the director that the application is deficient and the nature of such deficiency and will be given thirty days to correct the deficiency. If the deficiency is not corrected within thirty days or within such extended period as allowed by the director, the director shall submit the application for a permit to the authority with a recommendation that it be denied and notify the applicant in writing of such action. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (d))

Metropolitan Code of Nashville and Davidson County § 15.60.240 Application—Recommendation of special conditions.

15.60.240 - Application—Recommendation of special conditions. Upon receipt of complete applications, the director shall review and evaluate the applications and shall propose such special permit conditions as he deems advisable. All wastewater discharge permits shall be expressly subject to all the provisions of this title and all other applicable ordinances, laws and regulations. The director may also propose that the wastewater discharge permit be subject to one or more special conditions in regard to any of the following: A. Pretreatment requirements; B. The average and maximum wastewater constituents and characteristics; C. Limits on rate and time of discharge or requirements for flow regulations and equalization; D. Requirements for installation of inspection and sampling facilities; E. Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule; F. Requirements for submission of technical reports or discharge reports; G. Requirements for maintaining records relating to wastewater discharge; H. Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as set forth in Article I of this chapter) are proposed or present in the user's wastewater discharge; I. Other conditions as deemed appropriate by the director to ensure compliance with this title or other applicable ordinance, law or regulation; J. A reasonable compliance schedule, not to extend beyond July 1, 1983, or such earlier date as may be required by other applicable law or regulation, whichever is sooner, to ensure the industrial user's compliance with pretreatment requirements or improved methods of operation and maintenance; K. Requirements for the installation of facilities to prevent and control accidental discharge or "spills" at the user's premises; L. The unit charge or schedule of charges and fees for the wastewater to be discharged to a community sewer. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (e))

Metropolitan Code of Nashville and Davidson County § 15.60.250 Special permit conditions—Notice to applicant—Procedure to file objections.

15.60.250 - Special permit conditions—Notice to applicant—Procedure to file objections. A. Upon completion of his evaluation, the director shall notify the applicant of any special permit conditions which he proposed be included in the wastewater discharge permit. B. The applicant shall have forty-five days from and after the date of the director's recommendations for special permit conditions to review same and file written objections with the director in regard to any special permit conditions recommended by the director. The director or his representative may but shall not be required to schedule a meeting with the applicant's authorized representative within fifteen days following receipt of the applicant's objections and attempt to resolve disputed issues concerning special permit conditions. C. If the applicant files no objection to special permit conditions proposed by the director, or a subsequent agreement is reached concerning same, the director shall issue a wastewater discharge permit to the applicant with such special conditions incorporated therein. Otherwise, the director shall submit the disputed matters to the authority for resolution as hereinafter provided. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (f)).

Metropolitan Code of Nashville and Davidson County § 15.60.252 Individual wastewater discharge permits.

15.60.252 - Individual wastewater discharge permits. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by director 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. A. Individual wastewater discharge permits must contain: 1. A statement that indicates the wastewater discharge permit's issuance date, expiration date and effective date. No permit is to exceed a five (5) year duration; 2. A statement that the wastewater discharge permit is nontransferable without prior notification to Metro, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; 3. Effluent limits, including best management practices, based on applicable pretreatment standards, local limits, state or local law; 4. Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; 5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law. 6. Requirements to control Slug Discharge, if determined by the director to be necessary. (Ord. BL2010-678 § 2, 2010)

Metropolitan Code of Nashville and Davidson County § 15.60.255 Wastewater discharge permits: General permits.

15.60.255 - Wastewater discharge permits: General permits. A. At the discretion of the director, general permits may be used to control SIU discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must: 1. Involve the same or substantially similar types of operations; 2. Discharge the same types of wastes; 3. Require the same effluent limitations; 4. Require the same or similar monitoring; and 5. In the opinion of the director are more appropriately controlled under a general permit than under individual wastewater discharge permits. a. To be covered by the general permit, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, and any other information the POTW deems appropriate. b. The director will retain a copy of the general permit, documentation to support the POTW's determination that a specific SIU meets the criteria in Section 15.60.255 and applicable State regulations, and a copy of the user's written request for coverage for three (3) years after the expiration of the general permit. c. General permits will contain the same required information as listed in Section 15.60.252. Metro may not control an SIU through a general permit where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the combined wastestream formula or net/gross calculations as per 40 CFR 403. (Ord. BL2010-678 § 2, 2010)

Metropolitan Code of Nashville and Davidson County § 15.60.258 Application signatories and certifications.

15.60.258 - Application signatories and certifications. A. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the following certification statement: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. B. Annual certification for non-significant categorical industrial users—A facility determined to be a non-significant categorical industrial user by the director must annually submit the following certification statement signed by an authorized representative of the user. Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR _____, I certify that, to the best of my knowledge and belief that during the period from _______, _______ to _______, _______ [months, days, year]: (a) The facility described as ___________ [facility name] met the definition of a Non-Significant Categorical industrial user. (b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. (d) This compliance certification is based on the following information. C. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to Metro prior to or together with any reports to be signed by an authorized representative. (Ord. BL2010-678 § 2, 2010)

Metropolitan Code of Nashville and Davidson County § 15.60.260 Unresolved disputes—Hearing.

15.60.260 - Unresolved disputes—Hearing. A. In the event the director cannot issue a wastewater discharge permit pursuant to Section 15.60.250, the director shall submit to the authority his proposed permit conditions and the applicant's written objections thereto at the next regularly scheduled meeting of the authority. B. The authority shall schedule a hearing within ninety days following the meeting referred to in subsection A. unless such time be extended for just cause shown to resolve any disputed matters relevant to such permit. C. The director shall notify the applicant of the date, time, place and purpose of the hearing scheduled by the authority. The applicant shall have the right to participate in such hearing and present any relevant evidence to the authority concerning proposed special permit conditions or other matters being considered by the authority. D. Following such hearing or such additional hearings as shall be deemed necessary and advisable by the authority, the authority shall establish such special permit conditions as it deems advisable to ensure the applicant's compliance with this title or other applicable law or regulation and direct the director to issue a wastewater discharge permit to the applicant accordingly. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (g))

Metropolitan Code of Nashville and Davidson County § 15.60.270 Compliance schedule and reports—Requirements.

15.60.270 - Compliance schedule and reports—Requirements. SIU Compliance Monitoring Reports: All significant industrial users must, at a frequency determined by Metro submit no less than twice per year, on dates specified, reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by Metro or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with Section 15.60.258. The following conditions shall apply to the schedule required by Section 15.60.220, 15.60.240 or 15.60.260 of this section: 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 requirements for the industrial user to meet the applicable pretreatment standards and pretreatment requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). B. No increment referred to in subsection A. shall exceed nine months. C. 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 control authority and the director, including, as 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 the delay, and 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 control authority and the director. D. Within ninety days, or the date for final compliance given in the industrial user's permit, any industrial user subject to pretreatment standards and requirements shall submit to the control authority and the director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the industrial user which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance procedure or pretreatment is necessary to bring the industrial user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, as defined in Section 15.04.060, and certified to by a qualified professional. E. Any industrial user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, or subject to a final compliance date in his permit, shall submit to the control authority and the director during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority and the director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Section 15.60.220 (B)(4). At the discretion of the control authority or the director, as applicable, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority or the director, as applicable, may agree to alter the months during which the above reports are to be submitted. F. The control authority or the director, as applicable, may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection (E) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the industrial user. G. The industrial user shall notify the POTW immediately by telephone of any slug loading (within one hour), as defined by Sections 15.60.020 through 15.60.170 of this chapter, by the industrial user. H. The reports required in this section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass limits where requested by the control authority or the director, as applicable, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the Environmental Protection Agency under the provisions of Section 304(h) of the Act (33 U.S.C. 1314(h)) and contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the Environmental Protection Agency or the director. Sampling shall be performed in accordance with the techniques approved by the Environmental Protection Agency, or the director, and only by persons or companies approved by the director. I. Any industrial user required by this section to submit a similar report to the control authority under the provisions of 40 CFR Section 403.12 may submit to the director a copy of said report in lieu of a separate report to the director provided that all information required by this title is included in the report to the control authority. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (h))

Metropolitan Code of Nashville and Davidson County § 15.60.275 Notification requirements.

15.60.275 - Notification requirements. A. The permittee shall notify the environmental compliance section on any of the following changes to the system no later than 180 days prior to change of discharge; 1. New introduction into the POTW of pollutants from any source which would be a new source, if such source were discharging pollutants. 2. New introduction of pollutants into such works from a source which would be subject to the Sewer Use Ordinance if it were discharging such pollutants 3. A substantial change in the volume or character of pollutants being discharged into such works at the time the permit is issued. B. This notice will include information on the quality and quantity of the wastewater introduced by the new source into the publicly owned treatment works, and on any anticipated impact on the effluent discharged from such works. (Ord. BL2010-678 § 2, 2010)

Metropolitan Code of Nashville and Davidson County § 15.60.280 Records of monitoring activities required—Contents.

15.60.280 - Records of monitoring activities required—Contents. Any industrial user subject to the reporting requirements established in this article shall maintain records of all information resulting from any monitoring activities required by this article. Such records shall include for all samples: A. The date, exact place, method and time of sampling and the names of the persons taking the samples; B. The dates analyses were performed; C. Who performed the analyses; D. The analytical techniques/methods used; and E. The results of such analyses. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (i))

Metropolitan Code of Nashville and Davidson County § 15.60.285 Monitoring procedures.

15.60.285 - Monitoring procedures. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by Metro, using the procedures prescribed in Section 15.60.285, the results of this monitoring shall be included in the report submitted to Metro. Where the categorical pretreatment standard, local limit, or permit requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by Metro or the applicable standards to determine compliance with the standard. A. Sample collection and analyses. Samples and measurements taken in compliance with the monitoring requirements of this permit shall be representative of the volume and nature of the monitored discharge during a normal production day and shall be taken as follows: 1. Be performed on composite and grab samples representative of the total wastewater flow discharged to the Metropolitan Government Sewerage System with the maximum time interval between samples no longer than sixty (60) minutes. 2. Be conducted in accordance with the U.S. Environmental Protection Agency protocol. The results must be reported to the lowest detectable limit of the methodology. Samples are to be analyzed by a laboratory, certified by Metro Water Services for the required parameters. 3. Provide the flow rate for which the results are indicative to the nearest 100 gallons per day. 4. Except as indicated in subsection 15.60.285 A.5. or if designated different in the user's permit, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by Metro. Where time-proportional composite sampling or grab sampling is authorized by Metro, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by Metro as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. 5. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. 6. For sampling required in support of baseline monitoring and 90-day compliance reports [40 CFR 403.12(g)(4) and Tennessee Rule 1200-4-14-.12(2) and (4)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, Metro may authorize a lower minimum. For the reports required by 15.60.270 [40 CFR 403.12(g)(4) and Tennessee Rule 1200-4-14-.12(5) and (8)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. B. Sample location. All approved sampling shall be collected from the sample collection point as designated in the industrial/municipal user's permit as issued by Metro Water Services. C. Test procedures. 1. Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304 (h) of the Clean Water Act of 1977, under which such procedures may be required. 2. Unless otherwise noted in the permit, all pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by Metro or other parties approved by EPA. (Ord. BL2010-678 § 2, 2010)

Metropolitan Code of Nashville and Davidson County § 15.60.288 Repeat sampling and reporting/notice of violation.

15.60.288 - Repeat sampling and reporting/notice of violation. If sampling performed by a user indicates a violation, the user must notify Metro within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to Metro within thirty (30) days after becoming aware of the violation. Resampling by the industrial user is not required if Metro performs sampling at the user's facility at least once a month, or if Metro performs sampling at the user's facility between the time when the initial sampling was conducted and the time when the user or Metro receives the results of this sampling, or if Metro has performed the sampling and analysis in lieu of the industrial user. If Metro performed the sampling and analysis in lieu of the industrial user, Metro will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. (Ord. BL2010-678 § 2, 2010)

Metropolitan Code of Nashville and Davidson County § 15.60.290 Records of monitoring activities—Retention for four years—Subject to inspection.

15.60.290 - Records of monitoring activities—Retention for four years—Subject to inspection. Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with Best Management Practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. Any user subject to the reporting requirement established in this article shall be required to retain for a minimum of four years any records of monitoring activities and results (whether or not such monitoring activities are required by this article) and shall make such records available for inspection and copying by the director, the Director of the Tennessee Department of Environment and Conservation, Tennessee Department of Public Health, or the Environmental Protection Agency. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the director, the Director of the Tennessee Department of Environment and Conservation, Tennessee Department of Public Health, or the Environmental Protection Agency. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (j))

Metropolitan Code of Nashville and Davidson County § 15.60.300 Term—Renewal—Modifications.

15.60.300 - Term—Renewal—Modifications. A. Wastewater discharge permits shall be issued for a period of three years. Original permits may be issued for a period between two and three years for the administrative convenience of the director so as to stagger the renewal dates of the permits. Permits issued to users granted an exception pursuant to Section 15.60.180, shall be issued for a period of one year. B. Notwithstanding the foregoing, users becoming subject to a National Pretreatment Standard shall apply for new permits on the effective date of such National Pretreatment Standards. The director shall notify in writing any user whom he has cause to believe is subject to a National Pretreatment Standard of the promulgation of such federal regulations, but any failure of the director in this regard shall not relieve the user of the duty of complying with such National Pretreatment Standards. C. A user must apply in writing for a renewal permit within the period of time not more than ninety days and not less than thirty days prior to expiration of the current permit. D. Limitations or conditions of a permit are subject to modification or change due to, but not limited to, changes in applicable water quality standards, changes in Metro's NPDES permit, changes in Sections 15.60.070 and 15.60.090, the need to incorporate any new or revised federal, state, or local pretreatment requirement, changes in the user's operations and processes, violation of any terms or conditions of the user's permit, changes in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge, to correct typographical or other errors in the user's permit, misrepresentations or failure to fully disclose relevant facts in the wastewater discharge permit application or in any required reporting, changes in other applicable law or regulation, or for other just cause; and users shall be notified of any proposed changes in their permit by the director at least thirty days prior to the effective date of the change. Any change or new condition in a permit shall include a provision for a reasonable time schedule for compliance. The user may appeal the decision of the director in regard to any changed permit conditions as otherwise provided in this chapter. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (k))

Metropolitan Code of Nashville and Davidson County § 15.60.310 Transfer—Approval required.

15.60.310 - Transfer—Approval required. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user or for different premises unless approved by the director. (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (l))

Metropolitan Code of Nashville and Davidson County § 15.60.320 Revocation.

15.60.320 - Revocation. Any permit issued under the provisions of this article is subject to be modified, suspended or revoked in whole or in part during its term for cause, including but not limited to the following: A. Violation of any terms or conditions of the wastewater discharge permit or other applicable law or regulation; B. Obtaining of a permit by misrepresentation or failure to disclose fully all relevant facts; or C. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. D. Falsifying self-monitoring reports and certification statements; E. Tampering with monitoring equipment; F. Refusing to allow Metro 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 (Ord. BL2010-678 § 2, 2010; prior code § 40-1-187, Part I (m))

Metropolitan Code of Nashville and Davidson County § 15.60.325 Regulation of waste from other jurisdictions.

15.60.325 - Regulation of waste from other jurisdictions. A. If another municipality, or user located within another municipality, contributes wastewater to the POTW, Metro shall enter into an intermunicipal agreement with the contributing municipality. B. Prior to entering into an agreement required by paragraph A, above, Metro shall request the following information from the contributing municipality: 1. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality; 2. An inventory of all users located within the contributing municipality that are discharging to the POTW; and 3. Such other information as Metro may deem necessary. C. An intermunicipal agreement, as required by paragraph A., above, shall contain the following conditions: 1. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance and Local Limits, including required Baseline Monitoring Reports (BMRs) which are at least as stringent as those set out in this ordinance. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to Metro's ordinance or local limits; 2. A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis; 3. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit, or general permit, issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by Metro and which of these activities will be conducted jointly by the contributing municipality and Metro; 4. A requirement for the contributing municipality to provide Metro with access to all information that the contributing municipality obtains as part of its pretreatment activities; 5. Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW; 6. Requirements for monitoring the contributing municipality's discharge; 7. A provision ensuring Metro access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by Metro; and 8. A provision specifying remedies available for breach of the terms of the intermunicipal agreement. (Ord. BL2010-678 § 2, 2010)
Source: Metropolitan Government of Nashville and Davidson County, Metropolitan Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tn/metro_government_of_nashville_and_davidson_county/codes/code_of_ordinances?nodeId=CD_TIT15WASEOTPUSE_DIVIGERE_CH15.60INWADI_ARTIIDIPEFetched: 10/28/2026

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