(A) Individual wastewater discharge and general permit duration. An individual wastewater discharge permit or a general permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit or a general permit may be issued for a period less than five years, at the discretion of the authority. Each individual wastewater discharge permit or a general permit will indicate a specific date upon which it will expire.
(B) Individual wastewater discharge permit and general permit contents. An individual wastewater discharge permit or a general permit shall include such conditions as are deemed reasonably necessary by the authority 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 permits and general permits must contain:
(a) A statement that indicates 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 of Shelbyville in accordance with division (E), 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;
(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, state, and local law.
(e) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 50.057(D)(2) of this section.
(f) 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.
(g) Requirements to control slug discharge, if determined by the authority to be necessary.
(h) Any grant of the monitoring waiver by the authority (§ 50.057(D)(2)) must be included as a condition in the user's permit or other control mechanism.
(2) Individual wastewater discharge permits or general 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 development of a compliance schedule by each user 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, and designed to meet applicable pretreatment standards and requirements;
(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 nonroutine discharges;
(d) Development and implementation of waste minimization plans to reduce the amount of 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 or the general 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 individual wastewater discharge permit or the general permit; and
(h) Other conditions as deemed appropriate by the authority to ensure compliance with this subchapter, and state and Federal laws, rules, and regulations.
(C) Public notification. The authority will publish in an official government publication and/or newspaper(s) of general circulation that provides meaningful public notice with the jurisdiction(s) served by the POTW, or on a web page, a notice to issue a pretreatment permit, at least ten 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.
(D) Permit appeals. Any person, including the user, may petition the authority to reconsider the terms of an individual wastewater discharge permit or a general permit within 30 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 individual wastewater discharge permit or a general permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit or a general permit.
(3) The effectiveness of the individual wastewater discharge permit or a general permit shall not be stayed pending the appeal.
(4) If the authority fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit or a general permit, not to issue an individual wastewater discharge permit or a general permit, or not to modify an individual wastewater discharge permit or a general permit shall be considered final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit or general permit decision must do so by filing a complaint with the Superior or Circuit Court for Shelby County within 30 days.
(E) Permit modification.
(1) The authority may modify an individual 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 individual 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 City of Shelbyville's POTW, City of Shelbyville personnel, or the receiving waters;
(e) Violation of any terms or conditions of the individual 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 individual 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 § 50.057(F).
(2) The authority may modify a general 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) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(c) To correct typographical or other errors in the individual wastewater discharge permit; or
(d) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with § 50.057(F).
(F) Individual wastewater discharge permit and general permit transfer. Individual wastewater discharge permits or coverage under general permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the authority and the authority approves the individual wastewater discharge permit or the general permit coverage transfer. The notice to the authority 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 individual wastewater discharge permit or general permit.
(4) Failure to provide advance notice of a transfer renders the individual wastewater discharge permit or coverage under the general permit void as of the date of facility transfer.
(G) Individual wastewater discharge permit and general permit revocation.
(1) The authority may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following reasons:
(a) Failure to notify the authority of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the authority of changed conditions pursuant to § 50.057(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 authority 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 or the general permit or this subchapter.
(2) Individual wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits or general permits issued to a user are void upon the issuance of a new individual wastewater discharge permit or a general permit to that user.
(H) Individual wastewater discharge permit and general permit reissuance. A user with an expiring individual wastewater discharge permit or general permit shall apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with § 50.054(E) of this chapter, a minimum of 60 days prior to the expiration of the user's existing individual wastewater discharge permit or general permit.
(I) Regulation of waste received from other jurisdictions. Wastewater from another municipality or user located within another municipality shall not be discharged into the wastewater disposal system or otherwise to the facilities of the authority.
(Ord. 12-2683, passed 8-20-12)