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:
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.
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.
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.
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.
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
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.
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
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.
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.