(A) Public notice. The Superintendent shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Superintendent to reconsider the terms of a wastewater discharge permit within 90 days of notice of its issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4) If the Superintendent fails to act within 60 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the appropriate court in Fulton County, State of Ohio.
(B) Permit modification. The Superintendent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements.
(2) To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance.
(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(4) Information indicating that the permitted discharge poses a threat to the POTW, its’ personnel, or the receiving waters.
(5) Violation of any terms or conditions of the wastewater discharge permit.
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 C.F.R. § 403.13.
(8) To correct typographical or other errors in the wastewater discharge permit.
(C) Permit revocation. The Superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the Superintendent of a significant change to the wastewater prior to the changed discharge.
(2) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
(3) Falsifying self-monitoring reports.
(4) Tampering with monitoring equipment.
(5) Refusing to allow the Superintendent timely access to the facility premises and records.
(6) Failure to meet effluent limitations.
(7) Failure to pay fines.
(8) Failure to pay sewer charges.
(9) Failure to meet compliance schedules.
(10) Failure to complete a wastewater survey or the wastewater discharge permit application.
(11) Failure to provide advance notice of the transfer of business ownership of a permitted facility.
(12) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this ordinance.
(D) Voided permits. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
(E) Duty to reapply for wastewater discharge permit. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 52.65(D), a minimum of 90 days prior to the expiration of the user’s existing wastewater discharge permit.
(Ord. 05-54, Art. V, § 8, passed 12-19-2005; Am. Ord. 10-56, Art. V, § 8, passed 10-11-2010)
Penalty, see § 52.99