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All wastewater discharge permit applications and user reports must contain the following certification statement and be signed by an authorized representative of the user.
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(1996 Code, § 168-22)
The Superintendent and Engineer will evaluate the data furnished by the user and may require additional information. Within 90 days of receipt of a complete wastewater discharge permit application, the Wastewater Superintendent will determine whether or not to issue a wastewater discharge permit. The Wastewater Superintendent may deny any application for a wastewater discharge permit.
(1996 Code, § 168-23)
WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
(A) A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit.
(B) A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Wastewater Superintendent.
(C) Each wastewater discharge permit will indicate a specific date upon which it will expire.
(1996 Code, § 168-24)
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Wastewater Superintendent to prevent pass through or interference, protect the quality of the waterbody receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
(A) Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(3) Effluent limits based on applicable pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law; and
(5) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.
(B) Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(7) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
(8) Other conditions as deemed appropriate by the Wastewater Superintendent to ensure compliance with this chapter, and state and federal laws, rules and regulations.
(1996 Code, § 168-25) Penalty, see § 52.999
(A) The Wastewater Superintendent shall provide public notice of the issuance of a wastewater discharge permit.
(B) Any person, including the user, may petition the Wastewater Superintendent to reconsider the terms of a wastewater discharge permit within 90 days 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 Wastewater Superintendent fails to act within 30 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 action 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 Circuit Court of the county within six months.
(1996 Code, § 168-26)
(A) The Wastewater 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, town 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; and
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator.
(B) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.
(1996 Code, § 168-27)
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