Industrial wastewater discharge permits.
North Las Vegas Municipal Code § 13.28.10
in effect13.28.10 - Industrial wastewater discharge permits.
A. Permits Required. All significant industrial users (class 1 industrial users) proposing to connect to, or discharge into, any part of the wastewater system shall apply for and obtain an industrial wastewater discharge permit prior to commencing discharge to the POTW. A separate permit may be required for each industrial user, building or complex of buildings. Such significant industrial users shall immediately contact the city and obtain an industrial wastewater discharge permit.
B. New Industrial Users: Applying for an Industrial Wastewater Discharge Permit. Any industrial user required to obtain an industrial wastewater discharge permit who proposes to begin or recommence discharging into the POTW must apply for and obtain such permit prior to the beginning or recommencing of such discharge. The industrial user shall file a permit application on forms provided by the city containing the information specified in 13.28.10.F. below. The completed application for the industrial wastewater discharge permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. The city may issue a permit at any time after receipt of the completed permit application.
C. Existing Industrial Users: Applying for an Industrial Wastewater Discharge Permit Re-issuance. An industrial user with an expiring an industrial wastewater discharge permit shall apply for a new permit by submitting a complete permit application at least ninety (90) days prior to the expiration of the industrial user's existing discharge permit. The industrial user shall file a permit application on forms provided by the city containing the information specified in 13.28.10.F. below. An industrial user with an existing permit that has filed a complete and timely application may continue to discharge, as approved in writing by the city, through an administrative extension of the existing permit if the delay in permit issuance is not due to any act or failure to act on the industrial user's part.
D. Other Industrial Users, Including Class II Industrial Users. The city may require other industrial users to apply for and obtain a permit or other control mechanism to carry out the purposes of this chapter. The city 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 needed.
E. Enforceability. Any violation of the terms and conditions of an industrial wastewater discharge permit, failure to apply for a permit as required, or discharging without a required permit shall be deemed a violation of this chapter and subjects the industrial user to enforcement by the city. Obtaining an industrial wastewater discharge permit does not relieve a permittee of its obligation to comply with all state and federal pretreatment standards or requirements.
F. Permit Application Contents. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
1. Name of business, address of the facility, location of the discharge if different from the facility address, and contact information for the owner, operator and the Authorized Representative of the Industrial User.
2. Environmental Permits. A list of any environmental control permits 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) of the operation(s) carried out by such industrial user;
c. A schematic process diagram, which indicates all process tanks, process lines, treatment systems, drains, and points of discharge to the POTW from each regulated process and source of non-domestic wastewater;
d. A listing of all non-domestic 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, and proposed or actual 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 Section 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 13.28.28.B.
7. Measurement of Pollutants.
a. The pretreatment standards applicable to each regulated process;
b. The results of sampling and analysis identifying the nature and concentration, and/or mass of regulated pollutants in the discharge from each regulated process where required by the standard or by the city;
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 collected in accordance with procedures set out in 13.28.24. Where the standard requires compliance with a BMP or pollution prevention alternative, the industrial user shall submit documentation as required by the city or the applicable standard to determine compliance with the standard; and
e. Analyses must be performed in accordance with procedures set out in 13.28.24.
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. Slug discharge control plan for significant industrial users as described in 13.28.28.E. shall be submitted and as required by the director for other industrial users.
10. Compliance Schedule. If additional pretreatment and/or operation and maintenance (O&M) will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. 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 (14) 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, 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 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 to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
12. Signatory Certification. All industrial wastewater discharge permit applications and certification statements must be signed by the authorized representative of the industrial user and contain the applicable certification statement(s) in subsection 13.28.12.H.
13. Any other information as may be deemed by the director to be necessary to evaluate the permit application.
G. Industrial Wastewater Discharge Permit Issuance.
1. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than five years at the city's discretion or may be stated to expire on a specific date.
2. Where the city is issuing a permit containing a permit specific pretreatment standard or requirement not otherwise contained in this chapter, the pretreatment standard or requirement shall be noticed for public comment for thirty (30) days in a newspaper of general circulation that provides meaningful public notice or processed through the city council approval process.
3. The city shall issue an industrial wastewater discharge permit to the applicant if the city finds that all of the following conditions are met:
a. The applicant has provided a timely and complete permit application to the city;
b. The proposed discharge by the applicant is in compliance with the pretreatment standards and requirements established in this chapter;
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 city finds that the condition set out in Subsection 3.b. of this section is not met, the city may, at their discretion, issue an industrial wastewater discharge permit to the applicant if the conditions set out in subsections 3.a., 3.c. and 3.d. of this section have been met and if the applicant submits, and the city 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 13.28.04 nor shall the final compliance date for a categorical pretreatment standard be extended.
H. Administrative Permit Appeals.
1. Any industrial user may file an appeal to reconsider the terms of an industrial wastewater discharge permit or appeal a decision by the city to deny to issue an industrial wastewater discharge permit.
2. An industrial user must file a written appeal request to the director to reconsider a permitting action or decision by the city within fifteen (15) days of such city action. The industrial user shall set forth in detail the facts that support the industrial user's request for reconsideration. Such facts must include a statement that sets forth any newly discovered relevant fact that was not known or was unavailable to the industrial user at the time of the city action. The director shall render a written decision with respect to such request for reconsideration within thirty (30) days after receipt of the industrial user written appeal.
3. The industrial user shall include a payment for the fee with the written request for reconsideration as specified in 13.28.40.
4. The decision by the director may be appealed to the city council within ten (10) working days after the date of its receipt of the director's decision. The appeal to the city council shall be made to the attention of the city clerk's office and shall be in writing detailing the evidence and reasons for the appeal.
5. The industrial user shall include a payment for the fee with the written request for reconsideration as specified in 13.28.40.
6. The appeal shall be heard by the city council within forty-five (45) days after receipt of the written appeal. The city council shall make a final ruling with respect to such appeal within forty-five (45) days after such hearing is concluded.
I. Temporary Industrial Wastewater Discharge Authorization.
1. A temporary industrial wastewater discharge authorization shall be required of any industrial user who is not a class 1 industrial user and is seeking a temporary, short-term authorization to discharge unpolluted water, storm drainage and/or ground water to the POTW. The industrial user shall be required to complete an application for discharge as prescribed by the director and pay the applicable fee with the application. No discharge shall be made until such time as the city authorizes the discharge.
2. A charge for use, to defray all of the costs of the city for providing wastewater collection and treatment service and monitoring, shall be established by the city. A deposit in an amount to be determined by the director as being sufficient to pay the estimated charges for use shall accompany the application for a temporary industrial wastewater discharge authorization, and such deposit shall be applied to the charges for the use of the POTW.
3. Each temporary industrial wastewater discharge authorization shall be issued for a specific period, not to exceed six months. The terms and conditions of such permit may be subject to modification and change by the city during the period for which it was issued. Any change or new condition in such permit shall include a reasonable time schedule for compliance therewith.
J. Transferability. An industrial wastewater discharge permit is issued to a specific industrial user for a specific operation. An industrial wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new industrial user, different premises, or a new or changed operation without the prior written approval of the city. Any succeeding owner shall comply with the terms and conditions of the existing permit until a new permit is issued. The permittee shall notify the city at least thirty (30) days prior to any change of ownership and shall provide a copy of the permit to the new owner. Failure to provide advance notice of a transfer renders the industrial wastewater discharge permit void as of the date of facility transfer and discharge of wastewater prohibited.
(Ord. No. 2771, § 1, 10-5-2016)
Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT13PUSE_CH13.28REINUSINPRPR_13.28.10INWADIPEFetched: 11/1/2026