(A) A user permit may be modified by the POTW at any time and for any reason determined necessary by the POTW Manager to assure compliance with the requirements of this chapter and other applicable laws and regulations including, without limitation, any of the following reasons:
(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements, or other applicable requirement of law or regulation;
(2) Material or substantial changes or additions to the permittee’s operations, processes, or the character or quality of discharge that were not considered in drafting or issuing the existing permit. It shall be the duty of a user to request an application form and to apply for a modification of the permit within 30 days of any such change(s). The POTW may modify a permit on its own initiative based on its findings or upon reasonable cause to believe that any such change(s) has occurred or threatens to occur;
(3) A change in any condition in the permittee’s discharge, facility, production, or operations, or in the POTW, that requires either a temporary or permanent reduction or elimination of the permittee’s discharge to assure compliance with applicable laws, regulations, or the POTW’s NPDES permit;
(4) Information indicating that the permitted discharge poses a threat to: collection or treatment systems; the POTW’s processing, use, or disposal of sludge; POTW personnel; or the receiving waters;
(5) Violation of any terms or conditions of the user’s permit;
(6) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required report or notice;
(7) Revision of, or a grant of a variance from, applicable categorical standards pursuant to 40 C.F.R. § 403.13;
(8) To correct typographical or other errors in the permit;
(9) To reflect transfer of the facility ownership and/or operation to a new owner or operator;
(10) To add or revise a compliance schedule for the permittee;
(11) To reflect changes or revisions in the POTW’s NPDES permit;
(12) To ensure POTW compliance with applicable sludge management requirements promulgated by the EPA;
(13) To incorporate any new or revised requirements resulting from reevaluation of the POTW’s local limits; and
(14) To incorporate a request for modification by the permittee, as determined appropriate by the POTW, and provided the request does not create a violation of any applicable requirement, standard, law, rule, or regulation.
(B) The permittee shall be informed of any changes in the permit at least 30 days prior to the effective date of the change, unless a shorter time is determined necessary by the POTW to meet applicable laws, to protect human health or the environment, or to facilitate an enforcement action.
(Ord. 2009-5, passed 7-20-2009)