(A) Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years, at the discretion of the Director.
(B) The Director will provide all interested persons with notice of final permit terms. Upon notice by the Director, any person, including the industrial user, may petition to appeal the terms of the permit within 30 days of the notice.
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal.
(2) In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to be placed in the permit.
(3) The effectiveness of the permit shall not be stayed pending a reconsideration by the Board. If, after considering the petition and any arguments put forth by the Director, the Board determines that reconsideration is proper, it shall remand the permit back to the Director for reissuance. Those permit provisions being reconsidered by the Director shall be stayed pending reissuance.
(4) A Board’ s decision not to reconsider a final permit shall be considered final administrative action for purposes of judicial review.
(C) The Director may modify or terminate the permit for good cause including, but not limited to, the following:
(1) To incorporate any new or revised federal, state or local pretreatment standards or requirements;
(2) Material or substantial alterations or additions to the discharger’s operation processes, or discharge volume or character which were not considered in drafting the effective permit;
(3) A change in any condition in either the Industrial user or 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 sewage works or POTW or POTW personnel or the receiving waters;
(5) Violation of any terms or conditions of the permit;
(6) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;
(7) Revision of or a grant of variance from such categorical standards pursuant to 40 C.F.R.
part 403.13;
(8) To correct typographical or other errors in the permit;
(9) To reflect transfer of the facility ownership and/or operation to a new owner/operator;
(10) Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws or rules and regulations;
(11) Falsifying self-monitoring reports;
(12) Tampering with monitoring equipment;
(13) Refusing to allow timely access to the facility premises and records;
(14) Failure to meet effluent limitations;
(15) Failure to pay fines;
(16) Failure to pay sewer charges;
(17) Failure to meet compliance schedules; and
(18) As provided in § 54.027.
(D) The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(E) Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Director, if:
(1) The permittee must give at least 30 days advance notice to the Director; and
(2) The notice must include a written certification by the new owner which:
(a) States that the new owner 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 permit.
(F) The user shall apply for permit reissuance by submitting a complete permit application a minimum of 90 days prior to the expiration of the user’s existing permit. An expired permit will continue to be effective and enforceable until the permit is reissued, if:
(1) The industrial user has submitted a complete permit application at least 90 days prior to the expiration date of the user’s existing permit; and
(2) The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the industrial user.
(G) Nothing in this subchapter shall be construed as preventing any special agreement or arrangement between the POTW and any user whereby wastewater of unusual strength or character is accepted into the POTW and specially treated and subject to any payments or user charges, as may be applicable. However, no discharge which violates pretreatment standards will be allowed under the terms of such special agreements. If, in the opinion of the Director, the wastewater may have the potential to cause or result in any of the following circumstances, no special agreement will be made:
(1) Pass through or interference; and
(2) Endanger municipal employees or the public.
(Prior Code, § X-3.60)