Sec. 13-24-92. - Memphis review of and objections to outlying jurisdiction permits.
A. Before issuing, reissuing, or modifying an industrial user permit for a discharge to the Memphis WWTP, an outlying jurisdiction shall provide a draft of the permit to Memphis and provide Memphis a minimum of 30 days to review and comment upon the draft permit. Memphis may extend the time to comment on the draft permit for an additional 30-day period for an existing permitted facility, and 60-day period for a newly permitted facility, upon providing the outlying jurisdiction written notice of such extension.
B. If Memphis needs more information (e.g., industrial user permit application, outlying jurisdiction rationale for the permit conditions) regarding its evaluation of the proposed industrial user permit, Memphis may request that the outlying jurisdiction provide Memphis the requested information. The time periods under section 13-24-92(A), above, are automatically extended during the pendency of the request until Memphis receives all the requested information.
C. Memphis may object to the issuance, reissuance, or modification of an industrial user permit by an outlying jurisdiction. Such objection may identify permit conditions in the draft permit that must be changed (e.g., modified or deleted) or additional conditions that must be added to the permit.
1. In objecting to the industrial user permit, Memphis shall provide a statement of the reason(s) for the objection(s) and the actions that must be taken by the outlying jurisdiction to eliminate the objection. These changes may be based upon the specific wording of a federal, Tennessee, or Memphis requirement or Memphis' general approach for implementing requirements for industrial users.
2. An objection may be based upon the objective that industrial users in outlying jurisdictions should not be subject to more lenient requirements than industrial users located in Memphis.
3. Objections may address any provisions of the proposed permit as well as the absence of permit conditions, including those relating to effluent limitations, the maintenance of records, reporting, monitoring, sampling, enforcement, or assuring that Memphis receives notice and information from the industrial user (e.g., slug reports, permit applications, etc.).
4. Unless Memphis agrees to withdraw its objections, if the outlying jurisdiction does not resubmit a permit revised to resolve an objection to Memphis' satisfaction, the permit shall not be issued by the outlying jurisdiction to the industrial user.
D. Where a Memphis objection is not resolved:
1. If an unresolved Memphis objection involves a proposed modification to the industrial user permit, then the permittee can continue to discharge to Memphis under the preexisting unmodified industrial user permit for the remaining term of the permit unless precluded by subsequent legal requirements.
2. If an unresolved Memphis objection involves a new industrial user permit, the industrial user may not discharge to Memphis unless it obtains a valid industrial user permit. The industrial user may request that Memphis issue the permit under section 13-24-93.
3. If an unresolved Memphis objection involves the reissuance of an industrial user permit, the industrial user may continue to discharge to Memphis under the preexisting permit, subject to the limitation in section 13-24-94(B).
E. In addition, Memphis may provide recommendations with respect to the proposed permit issuance, reissuance, or amendment. Failure of the outlying jurisdiction to follow a recommendation does not trigger the requirements of section 13-24-91(A).
F. Notwithstanding anything to the contrary, nothing herein shall be deemed to require Memphis to review industrial user permits issued by outlying jurisdictions.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
