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A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Board. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(Ord. 9-2016, passed 6-7-2016)
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Board 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.
(A) SIU wastewater discharge permits must contain the following. Other wastewater discharge permits may contain the following:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date.
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the Board in accordance with § 52.084, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3) Effluent limits, including best management practices, based on applicable pretreatment standards.
(4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.
(5) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 52.103(B).
(6) 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.
(7) Requirements to control slug discharge, if determined by the Board to be necessary.
(8) Any grant of the monitoring waiver by the Board (§ 52.103(B)) must be included as a condition in the CIU's permit.
(B) SIU and other 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, including flow measurement devices;
(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 Board to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
(Ord. 9-2016, passed 6-7-2016)
(A) Public notification. The Board will publish, in a newspaper of general circulation that provides meaningful public notice with the jurisdiction served by the POTW, a notice to issue a pretreatment wastewater discharge permit at least 30 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
(B) Appeals. Any person, including the user, may petition the Board to reconsider the terms of a wastewater discharge permit within 15 days of notice 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 Board 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 SIU wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions 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 Grant Circuit or Superior Court, Grant County, Indiana within 30 days.
(Ord. 9-2016, passed 6-7-2016)
The Board may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(A) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(B) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance;
(C) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(D) Information indicating that the permitted discharge poses a threat to the POTW, utility personnel, the receiving waters, or the POTW's beneficial sludge use;
(E) Violation of any terms or conditions of the wastewater discharge permit;
(F) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(G) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(H) To correct typographical or other errors in the wastewater discharge permit; or
(I) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with § 52.084.
(Ord. 9-2016, passed 6-7-2016)
(A) Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the Board and the Board approves the wastewater discharge permit transfer. The notice to the Board must include a written certification by the new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) 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.
(Ord. 9-2016, passed 6-7-2016)
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