§ 51.063 PERMIT MODIFICATIONS.
   (A)   The wastewater contribution permit of each user subject to such standards shall be reviewed yearly to ensure compliance with the national categorical pretreatment standard, as revised. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by § 51.062, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard.
   (B)   In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 51.062(C)(12) and (13).
      (1)   Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other ordinances, regulations, charges and fees established by the town. The conditions of wastewater discharge permits shall be uniformly enforced by the Town Manager (Clerk/Finance Officer) in accordance with this chapter and applicable state and federal regulations. Permits may contain the following information:
         (a)   The unit charge or schedule of charges and fees for the wastewaters to be discharged to a town sewer;
         (b)   The average and maximum wastewater constituents and characteristics;
         (c)   Limits on rate and time of discharge or requirements for flow regulations and equalization;
         (d)   Requirements for installation of inspection and sampling facilities;
         (e)   Pre-treatment requirements;
         (f)   Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule; (see division (B)(m) below)
         (g)   Requirements for submission of technical reports or discharge reports;
         (h)   Requirements for maintaining plant records relating to wastewater discharges as specified by the town, and affording town access thereto;
         (i)   Mean and maximum mass emission rates or other appropriate limits when incompatible pollutants (as defined by § 51.025) are proposed or present in the user's wastewater discharge;
         (j)   Other conditions as may be reasonably deemed appropriate by the town to ensure compliance with this chapter;
         (k)   Requirements for notification of the town or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
         (l)   Requirements for notification of slug or accidental discharges as per § 51.105; and
         (m)   Where the town has records of previous monitors of wastes of existing industries, this information will be used to determine frequency and methods of sampling, number, type and standards for test, reports and charges will be set accordingly and included in the permit conditions. Also, where pollutants are discharged which can be accepted, but are not surcharged and cost of treatment can be determined, these charges will also be included in the permit.
      (2)   Duration of permits. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. If the user is not notified by the town, 60 days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the town during the life of the permit as limitations or requirements as identified in § 51.025 are modified and changed. The user shall be informed of any proposed changes in his or her permit at least 60 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
      (3)   Transfer of a permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or another or changed operation.
         (a)   Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by the pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.
         (b)   Periodic compliance reports.
            1.   Any user subject to a pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration, of pollutants in the effluent which are limited by the pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in division (B)(3)(a) above. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles and the like, the Superintendent may agree to alter the months during which the above reports are to be submitted.
            2.   The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In these cases, the report required by division (B)(3)(b)1. above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Comment: Where 40 C.F.R. part 136 does not include a sampling or analytical technique for the pollutant in question sampling and analysis shall be performed in accordance with the procedures set forth in the E.P.A. publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutant, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)
      (4)   Suspension or revocation of permit. Any user who violates the conditions of the wastewater discharge permit, and provisions of this chapter, applicable state and federal regulations, or any of the following is subject to having his or her permit suspended or revoked:
         (a)   Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
         (b)   Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
         (c)   Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; and/or
         (d)   Failure to report a chemical spill or accidental discharge as in § 51.105.
(Prior Code, § C.2.27)