(A) Individual wastewater discharge permit duration.
(1) An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit.
(2) An individual wastewater discharge permit may be issued for a period less than five years at the discretion of the Superintendent. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.
(B) Individual wastewater discharge permit contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Superintendent 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.
(1) Individual wastewater discharge permit must contain:
(a) A statement that indicated the wastewater discharge permit issuance date, expiration date, and effective date;
(b) A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with division (D) below, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) Effluent limits, including best management practices, based on applicable pretreatment standards; and
(d) 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, commonwealth, 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, commonwealth, or local law; and
(f) Requirements to control slug discharge, if determined by the Superintendent to be necessary.
(2) Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(b) 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;
(c) 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;
(d) Development and implementation of waste minimization plans to reduce the amount pollutants discharged to the POTW;
(e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
(g) A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and commonwealth pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit; and
(h) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this subchapter, and commonwealth and federal laws, rules, and regulation.
(C) Permit modification. The Superintendent may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised federal, commonwealth, 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 the individual 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 city’s POTW, city personnel, or the receiving waters;
(5) Violation of any terms or conditions of the individual 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;
(8) To correct typographical or other errors in the individual wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with division (D) below.
(D) Individual wastewater discharge permit transfer.
(1) Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 45 days’ advance notice to the Superintendent and the Superintendent approves the individual wastewater discharge permit transfer. The notice to the Superintendent must include a written discharge permit transfer.
(2) The notice to the Superintendent 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) Identifiers the specific date on which the transfer is to occur; and
(c) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
(3) Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
(E) Individual wastewater discharge permit revocation.
(1) The Superintendent may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge:
(b) Failure to provide prior notification to the Superintendent of changed conditions pursuant to § 53.58(E);
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports and certification statements;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the Superintendent 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 advance notice of the transfer of business ownership of a permitted facility; or
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit to that user.
(2) Individual wastewater discharge permits shall be voidable upon cessation of operations of transfer of business ownership. All individual wastewater discharge permits insureds to a user are void upon the issuance of a new individual wastewater discharge permit to that user.
(F) Individual wastewater discharge permit re-issuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reassurance by submitting a complete permit application, in accordance with § 53.56(E), a minimum of 60 days prior to the expiration of the user’s existing individual wastewater discharge permit.
(G) Regulation of waste received from other jurisdictions.
(1) If another municipality or user located within another municipality contributes wastewater to the POTW, the Superintendent shall enter into an inter-municipal agreement with the contributing municipality.
(2) Prior to entering into and agreement required by division (G)(1) above, the Superintendent 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 Superintendent may deem necessary.
(3) An inter-municipal agreement, as required by division (G)(1) 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 subchapter and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in section § 53.54(D). The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’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 issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Superintendent and which of these activities will be conducted jointly by the contributing municipality and the Superintendent;
(d) A requirement for the contributing municipality to provide the Superintendent 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 Superintendent 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 Superintendent; and
(h) A provision specifying remedies available for breach of the terms of the inter-municipal agreement.
(Ord. 775-11, passed 7-11-2011)