(A) Wastewater discharge permit duration.
(1) A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit.
(2) A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Town Manager.
(3) Each wastewater discharge permit will indicate a specific date upon which it will expire.
(B) Wastewater discharge permit contents.
(1) A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Town Manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the POTW.
(2) Wastewater discharge permits must contain:
(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(b) A statement that the wastewater discharge permit is non-transferable, except in accordance with division (E) below, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) Effluent limits based on applicable pretreatment standards;
(d) 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;
(e) A 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;
(f) A statement requiring that, within 90 days of the effective date of the permit, a best management practices plan for control of solvents and for the control of accidental spills shall be submitted; and
(g) Industrial Pretreatment Enforcement Response Guide.
(C) Conditions. 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 non-routine 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 Town Manager to ensure compliance with this code, and state and federal laws, rules and regulations.
(D) Wastewater discharge permit appeals.
(1) The Town Manager shall provide public notice of the issuance of a wastewater discharge permit.
(2) Any person, including the user, may petition the Town Manager to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.
(a) Failure to submit a timely petition for review shall be deemed to be a waiver of the user’s right to an administrative appeal.
(b) 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.
(c) The effectiveness of the wastewater discharge permit shall not be stayed pending the administrative review and/or appeal.
(d) Upon receipt of the petition, the Town Manager shall respond, in writing, to the petition either admitting or denying any request set forth in the petition.
(e) The Town Manager shall have the discretion to request a meeting with the petitioner for the purpose of receiving clarification or further information concerning any matter contained in the petition.
(f) If the Town Manager has not responded to the petition within 14 days of receiving the petition, a request for reconsideration shall be deemed to be denied by the Town Manager.
(g) In the event the Town Manager denies the request set forth in the petition for reconsideration, the petitioner shall be entitled to have the decision of the Town Manager reviewed by the Municipal Court Judge of the town’s Municipal Court.
1. The request for review must be made by the petitioner by the filing of the petition for review with the Municipal Court Clerk within 15 days of the denying of the petition by the Town Manager.
2. In this review, the Municipal Court Judge will be hearing the petition in a final administrative review capacity and not in a judicial appeal capacity.
3. The usual judicial rules of evidence shall not apply though the Municipal Judge may establish rules deemed to be appropriate for the efficient and thorough review of the matter.
(h) The final administrative review hearing before the Municipal Court Judge shall be held within 30 days of the filing of the petition for review unless both parties agree to a longer period.
(i) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the county’s District Court within the time allowed by law.
(E) Wastewater discharge permit modification. The Town Manager 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 town’s 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; and
(8) To correct typographical or other errors in the wastewater discharge permit.
(F) Wastewater discharge permit transfer.
(1) Wastewater discharge permits shall be issued to a specific user for a specific operation. A wastewater discharge permit shall not be assigned or transferred or sold to a new owner, new user or applied to different permits or to a new or changed operation without the approval of the Town Manager. Any succeeding owner or user shall also comply with the terms of the existing permit until a final decision is made by the Town Manager.
(2) Notice of an assignment, transfer, sale, application to other permits or changed operation shall be submitted to the Town Manager for consideration within five days of closing of the transaction.
(a) Failure of the user and the proposed transferee to provide such notice may, in the discretion of the Town Manager, result denial of approval of the transfer.
(b) The user shall, in event of any agreement for the sale of the user’s business operation fully inform the proposed new owner or new user of the terms and conditions of the existing permit.
(c) No liability shall attach to the town or the Town Manager in the event that the Town Manager, or other of the town officers or employees, are contacted by the proposed new owner or new user with questions concerning the permit or town requirements.
(d) In such event, the Town Manager, or other town officers or employees, shall to the best of their ability, keep such communications confidential.
(3) The notice to the Town Manager must include a written certification by the new owner or operator which:
(a) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
(b) Identifies the specific date on which the transfer occurred; and
(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(4) Failure to provide notice of a transfer in accordance with division (B) above shall render the permit transfer ineffective, and the transferring permit holder shall remain responsible for permit compliance until the proposed transfer is approved by the Town Manager.
(G) Wastewater discharge permit revocation.
(1) The Town Manager may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) Failure to notify the Town Manager of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the Town Manager of changed conditions pursuant to division (E) above;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the Town Manager timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide notice of the transfer of business ownership of a permitted facility as required in division (B) above; or
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this code.
(2) Wastewater discharge permits shall be voidable upon permanent cessation of operations. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
(H) Wastewater discharge permit re-issuance.
(1) A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with § 54.039 of this chapter, a minimum of 60 days prior to the expiration of the user’s existing wastewater discharge permit.
(2) Provided that, a user submits a timely application for wastewater discharge permit reissuance, as provided in division (H)(1) above, that user’s existing wastewater discharge permit will continue to remain in effect and operate under its stated terms, until the new permit is either issued or denied. It shall not be a violation of this code for a user to continue discharging in compliance with an expired permit pending approval of a properly applied for new wastewater discharge permit.
(Prior Code, § 155.5)