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All wastewater discharge permit applications and user reports must be signed by an authorized signatory of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(Ord. 2005-8-226, passed 8-2-05)
The Control Authority will evaluate the data furnished by the user and may require additional information. Within 90 days of receipt of a complete wastewater discharge permit application, the Control Authority will determine whether or not to issue a wastewater discharge permit. The Control Authority may deny any application for a wastewater discharge permit.
(Ord. 2005-8-226, passed 8-2-05)
WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
Wastewater discharge permits shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Control Authority. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(Ord. 2005-8-226, passed 8-2-05)
Wastewater discharge permits shall include such conditions as are deemed reasonably necessary by the Control 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, protect the public, facilitate biosolids (sludge) management and disposal, and protect against damage to the POTW;
(A) Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(2) A statement that the wastewater discharge permit is nontransferable;
(3) Effluent limits based on applicable pretreatment standards;
(4) Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and
(5) 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 or compliance beyond that required by applicable federal, state, or local law.
(B) Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements or flow regulation and equalization;
(2) Requirements for the installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices, devices designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of accidental discharge / slug control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(5) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(6) A statement that compliance with the wastewater discharge 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 wastewater discharge permit; and
(7) Other conditions as deemed appropriate by the Control Authority to ensure compliance with this section, and federal and state laws, rules, and regulations.
(Ord. 2005-8-226, passed 8-2-05)
A permittee may petition the Control Authority to reconsider the terms of a wastewater discharge permit within 30 days of notice of issuance of the discharge permit.
(A) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(B) 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.
(C) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(D) If the Control Authority fails to act within 30 days of receipt of the request, the request for reconsideration shall he deemed to be denied, decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final administrative actions for purposes of judicial review.
(Ord. 2005-8-226, passed 8-2-05)
The Control Authority may modify the 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 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 the permitted discharge poses a threat to the POTW, POTW personnel, or the receiving waters;
(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 C.F.R. 403.13; or
(H) To correct typographical or other errors in the wastewater discharge permit.
(Ord. 2005-8-226, passed 8-2-05)
(A) The Control Authority may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the Control Authority of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Control Authority of changed conditions pursuant to this chapter;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring or other reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Control Authority timely access to the facility premises amid 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; or
(12) 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. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
(Ord. 2005-8-226, passed 8-2-05)
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