(a) Wastewater Discharge Permit Transfer. 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 Ohio EPA and the Ohio EPA approves the wastewater discharge permit coverage transfer. The notice to the Ohio EPA must be made in accordance with the indirect discharge permit. A copy of this notification must also be submitted to the Village.
(b) Revocation and Rejection of Industrial Discharges. The Village reserves the right to reject or deny existing or proposed industrial discharges at any time. This decision may be based on information including, but not limited to, the following:
(1) Failure to notify the Ohio EPA and the POTW of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Ohio EPA and the POTW of changed conditions pursuant to Section 913.06(a);
(3) Misrepresentation or failure to fully disclose all relevant facts to the POTW;
(4) Falsifying selfmonitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Ohio EPA or the POTW 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 business ownership of a permitted facility; or
(13) Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or the general permit or this ordinance.
For Users which have already been authorized to discharge by an IDP, the Village shall notify Ohio EPA of its intent to revoke its authorization to discharge. (Refer to Section 913.09(g) Termination of Discharge).
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a User are void upon the issuance of a new wastewater discharge permit to that User.
(c) Wastewater Discharge Permit Reissuance. A User with an IDP shall apply for permit reissuance in accordance with OAC 3745-36-03. Prior to submitting its renewal application to Ohio EPA, Users shall request and obtain the Village's permission to continue discharging. Requests to modify any condition of an IDP must first be approved by the Village before the request is submitted to Ohio EPA.
(d) Regulation of Waste Received from Other Jurisdictions.
(1) If another municipality, or User located within another municipality, contributes wastewater to the POTW, the Village shall enter into an intermunicipal agreement with the contributing municipality.
(2) Prior to entering into an agreement required by paragraph A, above, the Village shall request the following information from the contributing municipality:
A. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
B. An inventory of all Users located within the contributing municipality that are discharging to the POTW; and
C. Such other information as the Village may deem necessary.
(3) An intermunicipal agreement, as required by paragraph A, above, shall contain the following conditions:
A. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance and Local Limits, including required Baseline Monitoring Reports (BMR's) which are at least as stringent as those set out in Section 913.02(c). The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Village's ordinance or Local Limits;
B. A requirement for the contributing municipality to submit a revised User inventory on at least an annual basis;
C. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit or general permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Village; and which of these activities will be conducted jointly by the contributing municipality and the Village;
D. A requirement for the contributing municipality to provide the Village with access to all information that the contributing municipality obtains as part of its pretreatment activities;
E. Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
F. Requirements for monitoring the contributing municipality's discharge;
G. A provision ensuring the Village's 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 Village; and
H. A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
(Ord. 3956. Passed 5-17-19.)