(A) Permit duration. Industrial user wastewater discharge permits shall be issued for a specified period, not to exceed five years. A permit may be issued for a period less than five years, at the discretion of the environmental officer.
(B) Permit appeals. Any interested person, including the industrial user, may petition to appeal the terms of a permit, or the denial of a permit, to the Environmental Appeals Committee (as established by § 56.22 of this chapter), within 30 days of the final permit decision.
(1) Failure to submit to 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 permit provisions objected to, the reasons for these objections, and the alternative condition, if any, it seeks to be placed in the permit. Any reasons advanced against a permit denial shall be fully explained.
(3) The effectiveness of the permit shall not be stayed pending a reconsideration by the Committee, unless the environmental officer expressly so states. If, after considering the petition and any arguments put forth by the environmental officer, the Committee determines that reconsideration is proper, it shall remand the permit, or permit application, back to the environmental officer for reconsideration. Those permit provisions being reconsidered by the environmental officer on remand shall be stayed pending reissuance, unless the Committee expressly states to the contrary.
(4) An Environmental Appeals Committee decision not to reconsider a final permit, or the denial of a permit, shall be considered final administrative action for purposes of judicial review.
(5) If the Environmental Appeals Committee fails to act within 30 days, a request for reconsideration shall be deemed to be denied.
(6) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the State District Court.
(C) Permit action and modification. The environmental officer has the power to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by an industrial user where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate the applicable TPDES permit issued for the operation of the POTW. The environmental officer may modify the industrial user wastewater discharge permit for good cause including but not limited to, the following:
(1) To incorporate any new or revised Federal, state, or local pretreatment standards or requirements.
(2) To address material or substantial alterations or additions to the industrial user's operation processes, or discharge volume or character which were not considered in drafting the effective permit.
(3) A change in any condition in either the industrial user or 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, POTW personnel, or the receiving waters.
(5) Violation of any terms or conditions of the permit.
(6) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.
(7) Revision of or a grant of variance from 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) Upon request of the permittee, provided such request does not create a violation of any applicable pretreatment standards or requirements, or other laws, rules, or regulations. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(D) Permit transfer. Industrial user wastewater discharge permits may be reassigned or transferred to a new owner and/or operator with prior approval of the environmental officer, provided:
(1) The permittee must give at least 30 days advance notice to the environmental officer.
(2) The permittee must provide a copy of the existing permit to the new owner or operator.
(3) The notice must include a written certification by the new owner or operator which:
(a) States that the new owner or operator has no immediate intent to change the facility's operations and processes;
(b) Identifies that the permittee has provided a copy of the existing permit to the new owner or operator;
(c) Identifies the specific date on which the transfer is to occur; and
(d) Acknowledges full responsibility for complying with the existing permit.
(4) Failure to provide advance notice of a transfer renders the industrial user wastewater discharge permit void as of the date of facility transfer.
(5) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable Federal deadlines.
(E) Permit termination.
(1) Industrial user wastewater discharge permits may be terminated for good cause, including but not limited to, any of the following reasons:
(a) Falsifying self-monitoring reports.
(b) Tampering with monitoring equipment.
(c) Refusing to allow proper inspecting authorities timely access to the facility premises and records.
(d) Failure to meet effluent limitations.
(e) Failure to pay fines.
(f) Failure to pay sewer charges.
(g) Failure to meet compliance schedules.
(h) Failure to notify the environmental officer of significant changes to the wastewater prior to the changed discharge.
(i) Failure to provide prior notification to the environmental officer of changed conditions pursuant to § 56.28(C) of this chapter.
(j) Misrepresentation or failure to fully disclose all relevant facts in the industrial user wastewater discharge permit application.
(k) Failure to complete a wastewater survey or the industrial user wastewater discharge permit application.
(l) Failure to provide advance notice of the transfer of business ownership of a permitted facility.
(m) Violation of any pretreatment standard or requirement, or any terms of the industrial user wastewater discharge permit or this chapter.
(2) A user will be notified of any proposed permit termination and offered an opportunity to show cause under § 56.21(H) of this chapter why the proposed termination should not occur.
(3) Industrial user wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All industrial user wastewater discharge permits issued to a particular user are void upon the issuance of a new permit to that user.
(F) Permit reissuance. The user shall apply for permit reissuance by submitting a complete industrial user wastewater discharge permit application form a minimum of 90 days prior to the expiration of the user's existing permit.
(G) Continuation of expired permits. An expired permit will continue to be effective and enforceable until the permit is reissued if:
(1) The industrial user has submitted a complete industrial user wastewater discharge permit application form at least 90 days prior to the expiration date of the user's permit.
(2) The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the industrial user.
(Ord. 160726-A, passed 7-26-2016)