SIU permits and other permits.
Memphis Code of Ordinances § 13-24-22
in effectSec. 13-24-22. - SIU permits and other permits.
A. Requirements to obtain a permit. Except as provided in subsection (C), below, the discharge of wastewater by: (i) a significant industrial user; or (ii) such other commercial or industrial facility that the city, based upon the exercise of its discretion, identifies as requiring a discharge permit, is illegal unless such entity has an SIU discharge permit or other user permit, as applicable, issued by the city or an outlying jurisdiction which is authorized under the city's pretreatment program and this chapter to issue a discharge permit.
B. Discretionary permitting of non-significant industrial users. In addition to food establishments and waste haulers, non-significant industrial users that the city, subject to its discretion, may require to obtain an other user permit are commercial or industrial facilities that: result in additional treatment costs to the city; have the potential for discharge of acidic wastewater; have the potential for discharge of wastewater with offensive characteristics (e.g., odors); have a wastestream or treatment process that the city believes is preferable to be regulated under a permit; any new or expanded development where the additional flows raise potential concerns regarding capacity associated with the collection system, pump station, and/or WWTP; discharge wastewater containing a pollutant that could potentially result in additional requirements (e.g., monitoring or effluent limitation) being imposed in the city's NPDES permit; or as the city otherwise deems appropriate. Conditions included in other user permits and the city regulation of non-significant industrial users are subject to the city's sole discretion.
C. Time frame for obtaining permit. An existing user designated by the control authority as requiring an SIU discharge permit or other user permit, shall submit a permit application and/or such other information as the city may require for a permit within the timeframe specified by the city. Any proposed new discharger which has not discharged prior to the date it is notified that it must be permitted, shall not discharge to the system until a permit is issued and it is in compliance with the terms of such permit. The city may issue individual or general discharge permits. It is illegal to discharge wastewater to the city's POTW (including the collection system) in violation of a discharge permit, other user permit and/or this chapter. The city may adjust the timeframes for applying for a permit on a case-by-case basis as it deems appropriate.
D. Construction summary submission. A letter report setting forth an engineering summary of proposed changes shall be submitted to the control authority prior to commencement of construction, if applicable, by any existing or other industrial or commercial facility intending to discharge to the city's POTW. The control authority does not by its approval of the letter report, submitted by an industrial or commercial facility, warrant or aver in any manner that the implementation of such measures will result in compliance with the applicable pretreatment requirements. Notwithstanding any approval of such letter report by the city, the industrial or commercial facility remains solely responsible for compliance with the applicable pretreatment requirements and all other Federal, state, and local requirements.
E. City options for non-significant industrial users. Notwithstanding anything to the contrary in this chapter, nothing herein shall preclude the City of Memphis from issuing a letter or other authorization allowing discharge into the POTW for wastewater involved in groundwater clean-ups or other such discharges as the city deems appropriate. SIUs, however, shall be regulated by an SIU discharge permit (see section 13-24-22(F)).
F. SIU discharge permits.
1. Except as otherwise specifically provided in this chapter, an SIU shall apply for and obtain an SIU discharge permit (individual or general).
2. The application for an individual SIU discharge permit shall contain, but not be limited to, the following information: Standard industrial classification; facility name, physical address, and mailing address; if applicable, corporate name and address; facility contact name and contact information; authorized representative of the user; date facility began operations or expects to start-up; number of employees; water supply and use information; raw material and chemical use rates; production rates; byproduct and waste generation rates; if applicable, service volume rates; if applicable, descriptions of onsite and office waste storage and disposal; volumes of wastewater to be discharged, whether process wastewater, equipment or vehicle wash water, condensate, non-contact cooling water, boiler blowdown, storm water, domestic sanitary wastewater, or other wastewater; wastewater constituents and characteristics; time and duration of discharge, and whether discharges are batch or continuous; average wastewater flow rates, including daily, monthly, and seasonal variations, or estimates of such where such information is not yet available; site plans and floor plans showing all drains and sewers, description of activities, facilities and plant processes; if applicable, descriptions of pretreatment systems; discharge and monitoring locations; and any additional information, data, diagrams, and drawings as required by the control authority to make permitting decisions. Applications for specialized individual permits, such as for groundwater remediation sites, may not require all the information listed above. This will be determined by the control authority.
3. Except for existing dischargers, industrial users seeking an SIU discharge permit shall obtain a permit application form from the control authority and file with the control authority a completed permit application form with all required descriptions, certifications, determinations, reports, information, data, plans, diagrams, and drawings, in the form prescribed by the control authority, not less than 180 days prior to the first discharge of industrial wastewater to the POTW, unless modified or waived by the control authority. Existing dischargers shall file for a permit in accordance with section 13-24-22(C), above.
4. At the discretion of the control authority, the control authority may use general SIU discharge permits to control SIU discharges to the POTW if, in the opinion of the control authority, the following conditions are met. All facilities to be covered by a general permit must:
a. Involve the same or substantially similar types of operations;
b. Discharge the same types of wastes;
c. Require the same effluent limitations;
d. Require the same or similar monitoring; and
e. In the opinion of the control authority, are more appropriately controlled under a general permit than under individual permits.
5. To be covered by the general SIU discharge 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 SIU discharge permit, any requests in accordance with section 13-24-42(H) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the control authority deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general SIU discharge permit until after the control authority has provided written notice to the SIU that such a waiver request has been granted in accordance with section 13-24-42(H).
G. Other user permits.
1. A user required to obtain an other user permit shall submit an application, or such information as the city may require, for developing permit conditions and evaluating issues associated with the other user permit, within the timeframe identified by the city.
2. Subject to its discretion, the control authority may use general other user permits to control non-SIUs or other users to the POTW subject to such requirements as the city deems appropriate.
H. Requirement for a permittee with a general permit to obtain an individual permit. Notwithstanding any provision to the contrary, the city may require any permittee subject to a general SIU discharge permit or a general other user permit to be covered by an individual permit instead. In such instance, the permittee shall submit an individual permit application, or such information as the city may require, as applicable, within the timeframe specified by the city.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT13PUSE_CH13-24PR_ART2SYDIINFESTRE_S13-24-22SIPEOTPEFetched: 10/28/2026