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(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)
(A) (1) Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 90 days’ advance notice to the Wastewater Superintendent and the Wastewater Superintendent approves, the wastewater discharge permit transfer.
(2) The notice to the Wastewater Superintendent 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 the specific date on which the transfer is to occur; and
(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(B) Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(1996 Code, § 168-28)
(A) The Wastewater Superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the Wastewater Superintendent of significant changes to the wastewater prior to the changed discharge;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Wastewater Superintendent timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
(B) 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.
(1996 Code, § 168-29)
(1996 Code, § 168-30)
(A) If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Wastewater Superintendent shall enter into an intermunicipal agreement with the contributing municipality.
(B) Prior to entering into an agreement required by division (A) above, the Wastewater Superintendent shall request the following information from the contributing municipality:
(1) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
(2) An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(3) Such other information as the Wastewater Superintendent may deem necessary.
(C) An intermunicipal agreement, as required by division (A) above, shall contain the following conditions:
(1) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in § 52.018. The requirements shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the town ordinance or local limits;
(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Wastewater Superintendent; and which of these activities will be conducted jointly by the contributing municipality and the Wastewater Superintendent;
(4) A requirement for the contributing municipality to provide the Wastewater Superintendent with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) Limits on the nature, quality and volume of the contributing municipality’s wastewater at the point where it discharges to the POTW;
(6) Requirements for monitoring the contributing municipality’s discharge;
(7) A provision ensuring the Wastewater Superintendent access to the facilities of users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling and any other duties deemed necessary by the Wastewater Superintendent; and
(8) A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
(1996 Code, § 168-31)
REPORTING REQUIREMENTS
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