Township of Whitpain, PA Administration and Permit Process

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 less than five years, at the decision of the control authority. Each wastewater discharge permit will indicate a specific date upon which it will expire.

§ 122-50 Permit contents.

A wastewater discharge permit 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, facilitate sludge management and disposal, and protect against damage to the POTW.

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 without prior notification to the control authority in accordance with § 123-53 of this Part 2 and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(3)

Effluent limits based on applicable pretreatment standards;

(4)

Self-monitoring, sampling, reporting, notification and recordkeeping 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 for compliance beyond that required by applicable federal, state or local law.

(6)

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.

[Added 5-18-2011 by Ord. No. 155-7]

(7)

Requirements to control slug discharge, if determined by the Joint Sewer Authority to be necessary.

[Added 5-18-2011 by Ord. No. 155-7]

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 for flow regulation and equalization;

(2)

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;

(3)

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;

(4)

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(5)

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

(6)

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

(7)

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

(8)

Other conditions as deemed appropriate by the control authority to ensure compliance with this Part 2 and state and federal laws, rules, and regulations.

§ 122-51 Permit appeal.

[Amended 5-18-2011 by Ord. No. 155-7]

Public notification. The Joint Sewer 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, a notice to issue a pretreatment permit, at least 30 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.

The Joint Sewer Authority shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Joint Sewer Authority to reconsider the terms of a wastewater discharge permit within 30 days 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 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.

(3)

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

(4)

If the Joint Sewer Authority fails to act within 30 days, a request for reconsideration shall be 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.

(5)

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Court of Common Pleas of Montgomery County, Pennsylvania, within the period proscribed by Pennsylvania’s Local Agency Law, 2 Pa. C.S.A. § 105 et. seq.

§ 122-52 Permit modification.

The control authority may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state or local pretreatment standards or requirements;

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;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the control authority's POTW, control authority's personnel or the receiving waters;

Violation of any terms or conditions of the wastewater discharge permit;

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

To correct typographical or other errors in the wastewater discharge permit; or

To reflect a transfer of the facility ownership or operation to a new owner or operator.

§ 122-53 Permit transfer.

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days' advance notice to the control authority and the control authority approves the wastewater discharge permit transfer. The notice to the control 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 wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

§ 122-54 Permit revocation.

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 § 122-61 of this Part 2;

(3)

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(4)

Falsifying self-monitoring reports;

(5)

Tampering with monitoring equipment;

(6)

Refusing to allow the control authority timely access to the facility premises and 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 surveyor the wastewater discharge permit application;

(12)

Failure to provide advance notice of the transfer of business ownership of a permitted facility;

(13)

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Part 2; or

(14)

Failure to obtain required sewer capacity.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

§ 122-55 Permit reissuance.

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 122-46 of this Part 2, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.

§ 122-56 Regulation of waste received from other jurisdictions.

[Amended 5-18-2011 by Ord. No. 155-7]

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Joint Sewer Authority shall enter into an intermunicipal agreement with the contributing municipality.

Prior to entering into an agreement required by Subsection A, above, the Joint Sewer Authority shall request the following information from the contributing municipality:

(1)

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

(2)

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

(3)

Such other information as the Joint Sewer Authority may deem necessary.

An intermunicipal agreement, as required by Subsection A, above, shall contain the following conditions:

(1)

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part 2 and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 122-33 of this Part 2. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to any municipal Joint Sewer Authority's ordinance or the POTW's local limits;

(2)

A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

(3)

A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted jointly by the contributing municipality and the Joint Sewer Authority;

(4)

A requirement for the contributing municipality to provide the Joint Sewer Authority with access to all information that the contributing municipality obtains as part of its pretreatment activities;

(5)

Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

(6)

Requirements for monitoring the contributing municipality's discharge;

(7)

A provision ensuring the Joint Sewer Authority 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 Joint Sewer Authority; and

(8)

A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

Pursuant to the Pennsylvania Publicly Owned Treatment Works Penalty Law (Act 9 of 1992),[1] the Joint Sewer Authority reserves the right to regulate waste entering the treatment plant regardless of its point of origin.

[1]

Editor's Note: See 35 P.S. 752.1.

Each municipality which participates in the operation of the POTW shall, in accordance with various intergovernmental agreements signed by them, enforce their respective sewer use ordinances with respect to the discharges within each of their jurisdictions. Whenever possible, the enforcement, in cooperation with the Joint Sewer Authority, of a particular municipality's sewer use ordinance shall be a joint and cooperative effort between the subject municipality and staff from the Joint Sewer Authority, which has primary responsibility for plant operations. In the event that any municipality fails or refuses to enforce its sewer use ordinance after the Joint Sewer Authority made a determination that such enforcement is necessary, then the Joint Sewer Authority reserves all rights which it may have to either undertake enforcement pursuant to the Pennsylvania Publicly Owned Treatment Works Penalty Law,[2] and/or to seek enforcement of any interjurisdictional agreement which may require the cooperation of the municipality which fails or refuses to act.

[2]

Editor's Note: See 35 P.S. 752.1.