(A) Control through permit to discharge. The POTW shall control through the issuance of a permit to discharge (PTD), the contribution to the POTW by industrial users to ensure compliance with applicable pretreatment standards and requirements.
(B) Permit application. In accordance with the provisions of § 51.16, a determination concerning the need for a permit to discharge (PTD) will be made by the POTW for each nonresidential connection to the POTW. The POTW shall provide forms and receive applications for a PTD from all users subject to the provisions of this chapter.
(1) The POTW shall identify and locate all possible existing users which may be subject to these rules and regulations.
(2) Each existing or new nonresidential user shall file a nonresidential user survey form for each connection to the sanitary sewer. If determined applicable, users shall, within 60 days following notification by the POTW, file an application for a PTD.
(3) The POTW shall attempt to notify all existing industrial users of the requirements and provisions of this chapter, including permitting requirements, within 60 days following adoption of this chapter.
(4) The application for a PTD shall contain any information as determined necessary by the POTW and shall include a statement of pollutants expected in wastewater discharged to the POTW. A new application showing updated information shall be filed for each renewal of a PTD.
(5) The POTW shall act on all applications within 60 days. If the POTW issues a request for further information within the stated time, the POTW shall have 30 days in which to act after receipt of all requested information.
(C) Permit conditions.
(1) PTDs may be issued with conditions for compliance and stipulated schedules for achieving compliance. PTDs may alternatively require the user to submit (within 30 days of issuance of a conditional PTD) a schedule or schedules for achieving compliance.
(2) Permittees shall furnish to the POTW as required by permit conditions: compliance data reports, compliance progress reports, periodic compliance reports and reports on changes in process that affect the strength or content of wastewater discharges. Reports shall conform to § 51.35 or permit conditions, whichever is more stringent.
(3) The permit to discharge issued by the POTW shall contain, at a minimum, the following conditions:
(a) Statement of duration;
(b) Statement of non-transferability;
(c) Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law;
(d) Self-monitoring, sampling, reporting, notification, and record keeping requirements, including an identification of the pollutants to be monitored, sampling location, and sample type; and
(e) Statement of applicable civil and criminal penalties for violations.
(D) Permit term. A permit to discharge shall be issued for a term not to exceed five years. The Village Director may issue the permit for a shorter period. A permittee shall apply for reissuance of a permit by submitting a complete application at least 90 days prior to the expiration of the existing permit. If a permittee complies with the preceding sentence, the existing permit shall continue until final action is taken by the Village Director on the application for renewal.
(E) Permit modification.
(1) The Village Director shall have the right to amend any permit issued hereunder in order to:
(a) Assure compliance by the POTW with applicable laws, regulations, and the POTW's NPDES permit;
(b) Account for substantial changes in discharges by the user;
(c) Account for new information concerning the pollutants discharged by the user;
(d) Reflect changes in federal or state laws and regulations or in village codified ordinances;
(e) Account for any operational changes at the POTW that as determined by the Village Director, require the revision of the permit; or
(f) Modify or terminate any special agreement provision contained in a permit.
(2) The user shall be informed of any changes in the permit at least 30 days prior to the effective date of change, unless a shorter time is necessary to meet applicable law or to protect human health or the environment.
(F) Permit fees. Significant industrial users shall pay a fee for a permit to discharge to the village in amounts to reimburse the village for its costs of processing the application, in administering the permit once it has been issued, and in processing renewal application. These fees shall be established by resolution of the Village Council.
(G) Permit revocation.
(1) The Village Director may revoke a permit during its term or deny a permit renewal if:
(a) The permittee has failed to comply with any condition of the permit;
(b) The permittee fails, in the permit application or during the permit issuance process, to disclose fully all relevant facts, or the permittee misrepresents any relevant fact at any time;
(c) The Village Director determines that the permitted discharge endangers human health or the environment and the threat can only be abated by revocation of the permit;
(d) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the discharge;
(e) The permittee is in default, after having received written notice of the default, in the payment of fees or other amounts owed to the village related to wastewater matters; and/or
(f) The permitted use is in noncompliance with any provision of this chapter.
(2) Upon revocation of its permit, a user shall immediately terminate its discharge to the POTW.
(H) Compliance with permit. A user shall comply with all of the provisions of its permit. A violation of any provision of a permit is a violation of this chapter, subject to the penalty, damage, and other enforcement provisions of this chapter.
(I) Transferability. PTDs are issued to a specific user for a specific operation at a specific location and are not assignable to another user or transferable to any other location. This provision shall not apply to minor changes in stock ownership, but shall apply to mergers, sales, or other events in which the corporate name or identity is changed.
(Prior Code, § 542.10) Penalty, see § 10.99