Any categorical user that operates its regulated processes so that it complies with the requirements in Section 14.40.030(AM) may request that it be designated a middle tier categorical industrial user. If the director agrees with that request, the user’s discharge permit will be modified to incorporate the applicable provisions of 40 CFR 403. If, at any time, the user no longer complies with the requirements in Section 14.40.030(AM), it shall immediately notify the director and comply with the backup reporting requirements contained in the permit. (Ord. 3070-08 § 3.5, 2008.)