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§ 52.073  MODIFICATIONS.
   (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)
§ 52.074  TRANSFER.
   (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)
§ 52.075  REVOCATION.
   (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;
      (2)   Failure to provide prior notification to the Wastewater Superintendent of changed condition pursuant to §§ 52.090 through 52.103;
      (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)
§ 52.076  REISSUANCE.
   A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with §§ 52.050 through 52.057, a minimum of 120 days prior to the expiration of the user’s existing wastewater discharge permit.
(1996 Code, § 168-30)
§ 52.077  REGULATION OF WASTE RECEIVED FROM OTHER JURISDICTIONS.
   (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
§ 52.090  BASELINE MONITORING REPORTS.
   (A)   Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Wastewater Superintendent a report which contains the information listed in division (B) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Wastewater Superintendent a report which contains the information listed in division (B) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.
   (B)   Users described above shall submit the information set forth below:
      (1)   Identifying information. The name and address of the facility including the name of the operator and owner;
      (2)   Environmental permits. A list of any environmental control permits held by or for the facility;
      (3)   Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operations) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
      (4)   Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 C.F.R. § 403.6(e);
      (5)   Measurement of pollutants.
         (a)   The categorical pretreatment standards applicable to each regulated process.
         (b)   The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Wastewater Superintendent of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 52.101.
         (c)   Sampling must be performed in accordance with procedures set out in § 52.101.
      (6)   Certification. A statement reviewed by the user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements;
      (7)   Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 52.091; and
      (8)   Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 52.056.
(1996 Code, § 168-32)
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