§ 52.082 PERMIT ISSUANCE PROCESS.

   (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)

§ 52.083 PERMIT MODIFICATION.

   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)

§ 52.084 WASTEWATER DISCHARGE PERMIT TRANSFER.

   (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)

§ 52.085 WASTEWATER DISCHARGE PERMIT REVOCATION.

   (A)   The Board may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

      (1)   Failure to notify the Board of significant changes to the wastewater prior to the changed discharge;

      (2)   Failure to provide prior notification to the Board of changed conditions pursuant to § 52.105;

      (3)   Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

      (4)   Falsifying self-monitoring reports and certification statements;

      (5)   Tampering with monitoring equipment;

      (6)   Refusing to allow the Board 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 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 user are void upon the issuance of a new wastewater discharge permit to that user.

(Ord. 9-2016, passed 6-7-2016)

§ 52.086 WASTEWATER DISCHARGE PERMIT 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 § 52.062, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.

(Ord. 9-2016, passed 6-7-2016)

REPORTING REQUIREMENTS

§ 52.100 CIU AND NSCIU 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 under40 CFR 403.6(a)(4), whichever is later, existing CIUs currently discharging to or scheduled to discharge to the POTW shall submit to the Board 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 CIUs subsequent to the promulgation of an applicable categorical standard, shall submit to the Board a report which contains the information listed in division (B), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

   (B)   CIUs described above shall submit the information set forth below.

      (1)   All information required in §§ 52.062(A)(1)(a), 52.062(A)(2), 52.062(A)(3)(a), and 52.062(A)(6).

      (2)   Measurement of pollutants.

         (a)   The CIU shall provide the information required in § 52.062(A)(7)(a) through (d);

         (b)   The CIU shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division;

         (c)   Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the CIU should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Board;

         (d)   Sampling and analysis shall be performed in accordance with §§ 52.132 and 52.133;

         (e)   The Board may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

         (f)   The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

      (3)   Compliance certification. A statement, reviewed by the CIU'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.

      (4)   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 must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 52.101.

      (5)   Signature and report certification. All baseline monitoring reports must be certified in accordance with § 52.113(A) and signed by an authorized representative.

(Ord. 9-2016, passed 6-7-2016)

§ 52.101 CIU COMPLIANCE SCHEDULE PROGRESS REPORTS.

   The following conditions shall apply to the compliance schedule required by § 52.100(B)(4):

   (A)   The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the CIU to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

   (B)   No increment referred to above shall exceed nine months;

   (C)   The CIU shall submit a progress report to the Board no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the CIU to return to the established schedule; and

   (D)   In no event shall more than nine months elapse between such progress reports to the Board.

(Ord. 9-2016, passed 6-7-2016)