If a compliance schedule is required to be contained
or included with the application for a wastewater discharge permit,
or if under any other circumstances a compliance schedule is required
to be submitted to the Borough, the following criteria shall govern
the preparation of the compliance schedule:
A.
The compliance schedule shall clearly show by line
items, or clearly describe by numbered categories, all the major phases
or steps which the applicant reasonably believes will be involved
in order, within the shortest possible period of time: to place a
new pretreatment facility or process into operation and to achieve
compliance on a consistent basis; to bring an existing facility or
process into compliance on a consistent basis; or to achieve compliance
in some other respect or under some other circumstance.
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Example: The line item phases or steps which
could be involved might include: a phase for the selection and retention
of a consulting engineer; a phase for the preparation of preliminary
design plans; a phase for the review and evaluation by the Borough
of the preliminary design plans; a phase for the preparation of final
design plans; a phase for the preparation of technical specifications,
project manuals and bid documents; a phase for the invitation and
receipt of bids; a phase for the acceptance of bids and the award
and execution of contracts; a phase for construction or installation;
and a phase for testing the facility or process.
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B.
A commencement date and a completion date shall be assigned to each line item phase or step, or to each numbered category or step, referred to in Subsection A, supra. The period from commencement to completion of a particular phase or step shall be the shortest possible period of time. In no event, however, shall any phase or step exceed nine months in duration from commencement to completion. There shall be no hiatus or interval between one phase or step and the next.
C.
The compliance schedule shall show a final date by
which compliance will be achieved on a consistent basis. Under no
circumstances, however, shall this final date be later than any mandatory
compliance date fixed by the United States Environmental Protection
Agency for compliance with a National Categorical Pretreatment Standard;
any mandatory compliance date fixed by the Borough for compliance
with a prohibition, control, limit, flow equalization standard, pretreatment
standard, or regulation issued or prescribed by the Borough; or any
mandatory compliance date fixed by a governmental agency of the Commonwealth
for compliance with a prohibition, control, limit, standard, or regulation
issued or prescribed by the agency.
If a compliance schedule is approved by the
Borough, the applicant shall submit to the Borough periodic compliance
schedule reports. The content and frequency of these reports shall
be prescribed by the Borough.
Any person, including the industrial user, may
petition the Borough to reconsider the terms of a wastewater discharge
permit within 30 days of its issuance. Such appeal shall be directed
to the Public Facilities Committee of the Borough Council for its
review. Upon consideration of the petition, the Committee shall make
its recommendation to the Borough Council, whose decision regarding
the appeal will be final.
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 Borough fails to act within 60 days following
the presentation of the petition to the Public Facilities Committee,
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 action for purposes of judicial
review.
E.
Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the court of competent jurisdiction.
