[Ord. 422, 10/12/1994]
When requested by the MTMA, an industrial user must submit information
on the nature and characteristics of its wastewater within 60 days
of the request. The MTMA is authorized to prepare a form for this
purpose and may periodically require industrial users to update this
information. Failure to submit the requested wastewater information
within 60 days of the request shall be considered a violation of this
Part, and the MTMA may terminate service to the industrial user for
failure to comply with this provision.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the MTMA, except that a significant industrial user that has filed a timely application pursuant to §
18-323 of this Part may continue to discharge for the time period specified therein.
2. The MTMA may require other industrial users to obtain wastewater
discharge permits as necessary to carry out the purposes of this Part.
3. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part and of the MTMA pretreatment standards and/or requirements and subjects the wastewater discharge permittee to the sanctions set forth in §§
18-371 through
18-394 of this Part. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
Any industrial user required to obtain a wastewater discharge permit which was discharging wastewater into the POTW prior to the effective date of this Part and which wishes to continue such discharges in the future shall, within 90 days after said date, apply to the MTMA for a wastewater discharge permit in accordance with §
18-311 of this Part and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this Part except in accordance with a wastewater discharge permit issued by the MTMA.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
Any industrial user required to obtain a wastewater discharge permit which proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with §
18-311 of this Part, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1. All industrial users required to obtain a wastewater discharge permit
must submit a permit application. The MTMA may require all industrial
users required to obtain a wastewater discharge permit to submit,
as part of the permit application, the following information:
A. All information required by §
18-341, Subsection
2, of this Part.
B. Description of activities, facilities and plant processes on the
premises, including a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW.
C. Number and type of employees, hours of operation and proposed or
actual hours of operation.
D. Each product produced by type, amount, process or processes and rate
of production.
E. Type and amount of raw materials processed (average and maximum per
day).
F. Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, floor drains and appurtenances by size, location
and elevation and all points of discharge.
G. Time and duration of discharges.
H. Any other information as may be deemed necessary by the MTMA to evaluate
the wastewater discharge permit application.
2. Incomplete or inaccurate applications will not be processed and will
be returned to the industrial user for revision.
[Ord. 422, 10/12/1994]
All wastewater discharge permit applications and industrial
user reports must contain the following certification statement and
be signed by an authorized representative of the industrial user:
"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 that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violation."
[Ord. 422, 10/12/1994]
The MTMA will evaluate the data furnished by the industrial
user and may require additional information. Within 60 days of receipt
of a complete wastewater discharge permit application, the MTMA will
determine whether or not to issue a wastewater discharge permit. The
MTMA may deny any application for a wastewater discharge permit.
[Ord. 422, 10/12/1994]
A wastewater discharge permit 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 of
less than five years, at the discretion of the MTMA. Each wastewater
discharge permit will indicate a specific date upon which it will
expire.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1. A wastewater discharge permit shall include such conditions, constituting
pretreatment standards and/or requirements, as are deemed reasonably
necessary by the MTMA 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.
2. Wastewater discharge permits must contain:
A. A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years.
B. A statement that the wastewater discharge permit is nontransferable without prior notification to, and approval by, the MTMA in accordance with §
18-333 of this Part and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
C. Effluent limits based on applicable pretreatment standards.
D. 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.
E. A statement of applicable civil, criminal and administrative penalties
for the violation of pretreatment standards and/or requirements.
3. Wastewater discharge permits may contain, but need not be limited
to:
A. Limits on the average and/or maximum rate of discharge, time of discharge
and/or requirements for flow regulation and equalization.
B. Limits on the instantaneous, daily and monthly average and/or maximum
concentration, mass or other measure of identified wastewater pollutants
or properties.
C. 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.
D. 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.
E. Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW.
F. The unit charge or schedule of industrial user charges and fees for
the management of the wastewater discharged to the POTW.
G. Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
H. 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.
I. Other conditions as deemed appropriate by the MTMA to ensure compliance
with this Part, the pretreatment standards and requirements established
by the MTMA and state and federal laws, rules and regulations.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1. Any aggrieved person, including the industrial user, may, subsequent to petitioning for reconsideration as set forth in §
18-330 of this Part, appeal from a denial of reconsideration to the MTMA and shall receive a hearing before the MTMA Board of Directors, at which hearing the appealing party shall have an opportunity to present evidence before the Board on its behalf. A notice of appeal requesting a hearing date must be submitted to the MTMA within 30 days of the issuance of a denial of reconsideration or within 30 days of an effective denial of reconsideration pursuant to §
18-330, Subsection
5, of this Part.
2. Failure to submit a timely notice of appeal shall be deemed to be
a waiver of the administrative appeal.
3. The notice of appeal need only indicate that the appellant desires
to appeal from the denial of reconsideration and that the appellant
requests that a hearing date be set.
4. The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
5. A hearing date will subsequently be set by the MTMA, and the appealing
party shall be provided with adequate notice of the hearing date.
6. All testimony at such hearing shall be stenographically recorded
at the expense of the appealing party, and a full and complete record
shall be kept of the proceedings.
7. Within 60 days following the hearing date, the MTMA Board of Directors
shall issue its final adjudication of the matter. Such adjudication
shall be in writing, shall contain findings and the reasons for the
adjudication and shall be served upon all parties or their counsel
personally or by mail pursuant to 2 Pa.C.S.A. § 555.
8. Aggrieved parties seeking judicial review of the final administrative
adjudication of the MTMA Board must do so by filing a petition for
review in the Court of Common Pleas of Allegheny County, Pennsylvania,
within 30 days of the issuance of the final adjudication of the MTMA
Board of Directors pursuant to 2 Pa.C.S.A. § 752, 42 Pa.C.S.A.
§ 933 and Pa.R.A.P. 1512(a)(1).
[Ord. 422, 10/12/1994]
The MTMA may modify a wastewater discharge permit for a 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 industrial
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 that the permitted discharge poses a threat
to the MTMA's 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 CFR 403.13.
H. To correct typographical or other errors in the wastewater discharge
permit.
I. To reflect a transfer by the permittee of the facility ownership
or operation to a new owner or operator in accordance with the provisions
of this Part.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
An industrial user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with §
18-325 of this Part, a minimum of 90 days prior to the expiration of the industrial user's existing wastewater discharge permit.