§ 5-6.903. Nature, Use, and Transfer of Allocated Capacity.

(a)

(1)

As of January 1, 2017, a User's Permitted Capacity will be at least as much as a User's Allocated Capacity. Upon issuance to an Industrial User of a wastewater discharge permit in which Permitted Capacity is at least as much as that Industrial User's Allocated Capacity, the Industrial User shall have a right to discharge wastewater to the City's wastewater collection and treatment system up to the Industrial User's Allocated Capacity, subject to the terms of the wastewater discharge permit and applicable law.

(2)

An Industrial User's right under its wastewater discharge permit and applicable law to discharge wastewater up to its Allocated Capacity shall not be limited to a particular part of the City's wastewater treatment system (i.e. primary, secondary, or tertiary treatment, or land application). If an Industrial User's wastewater discharge permit limits its discharge of wastewater to specified times of the year, Allocated Capacity permanently Transferred by the Industrial User shall not be similarly limited, unless the User receiving the Transferred Allocated Capacity is also operating under an existing discharge permit that limits the times when it may discharge wastewater. If an Industrial User's wastewater discharge permit limits its discharge of wastewater to a particular part of the wastewater system or to particular times of the year, and the Industrial User changes its use of the property such that, as reasonably determined by the City, the limitations are no longer necessary, the Industrial User shall retain its Allocated Capacity without such limitations. Nothing in the immediately preceding sentence shall relieve an Industrial User changing the use of its property from obtaining approval of a new or amended wastewater discharge permit and any other approvals required from the City or other regulatory authorities, as may be necessary.

(b)

(1)

An Industrial User may Transfer Allocated Capacity, subject to the requirements of this article.

(2)

Subject to the limitations in this article, an Industrial User may permanently Transfer Allocated Capacity, and if approved, the wastewater discharge permits for the properties involved in the Transfer shall reflect the change in permitted amounts of discharge for each property.

(3)

The additional wastewater allowed to be discharged by the recipient of a Transfer of Allocated Capacity shall not be restricted to a particular part of the City's wastewater treatment system (i.e. primary, secondary, or tertiary treatment or land application).

(c)

(1)

Upon the issuance to an Industrial User of a wastewater discharge permit in which Permitted Capacity is at least as much as that Industrial User's Allocated Capacity, the City may thereafter decrease the amount of that Industrial User's Permitted Capacity to less than the Industrial User's Allocated Capacity only for the following reasons:

(A)

To meet the City's Federal or State regulatory requirements;

(B)

To ensure that the wastewater collection and treatment system will operate safely and legally; or

(C)

Because an Industrial User has permanently Transferred a portion of its Allocated Capacity.

(2)

In the event that the City reduces an Industrial User's Permitted Capacity for reason (A) or (B) in subsection (c)(1) above, it shall make reasonable efforts to address the regulatory or system issues that necessitated the reduction in a prompt manner and shall provide written notice to the Industrial User of the reasons for the reduction.

(3)

In the event that an Industrial User Transfers a portion of its Allocated Capacity to another property owned or used by the same Industrial User or an affiliate of the same Industrial User, the City may reduce the Industrial User's Permitted Capacity in the wastewater discharge permit for each property, as long as the total Permitted Capacity for each property is no less than the Industrial User's total Allocated Capacity. Notwithstanding the foregoing, in the situation described in the immediately preceding sentence, the City may reduce the Industrial User's Permitted Capacity in all of its or its affiliates' wastewater discharge permits to less than its total Allocated Capacity for reasons (A) and (B) in subsection (c)(1) above.

(4)

In the event that an Industrial User permanently Transfers a portion of its Allocated Capacity to another User or to the City, the City may reduce the Industrial User's Permitted Capacity to reflect its remaining Allocated Capacity.

(Ord. 3655-C.S., § 1, effective 11-11-16)