Permits shall be expressly subject to all provisions of this chapter
and the Authority's resolution, local sewer ordinances and all other applicable
regulations, user charges and fees established by the Authority. Permits may
contain the following:
A. The unit charge or schedule of user charges and fees
for the wastewater to be discharged to the sewer system.
B. Limits on the average and maximum wastewater constituents
and characteristics.
C. Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
D. Requirements for installation and maintenance of inspection
and sampling facilities.
E. Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
G. Requirements for submission of technical reports or discharge
reports.
H. Requirements for maintaining and retaining plant records
relating to wastewater discharge for three years or longer as specified by
the Authority and affording the Authority access thereto, which period shall
be automatically extended for the duration of any litigation concerning the
user or the Authority.
I. Requirements for prior notification to the Authority
of any new introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the wastewater treatment system.
J. Requirements for notification of slug discharges.
K. Requirements for 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.
L. Other requirements as deemed necessary by the Authority
to ensure compliance with the Authority's resolution.
Permits shall be issued for a specified time period, not to exceed five
years. A permit may be issued for a period of less than one year or may be
stated to expire on a specific date.
The Authority shall publish in the Courier Times a notice of intent
to issue a significant or general industrial user wastewater discharge permit
at least 14 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 Authority will provide interested parties with notice of final permit
decisions. Upon notice by the Authority, any person, including the permittee,
may petition to appeal the terms of the permit in writing within 30 days of
the notice.
A. Failure to submit a petition for review shall be deemed
a waiver of the appeal.
B. In the petition, the permittee must indicate the permit
provisions objected to, the reasons for this objection and the alternative
condition, if any, it seeks to be placed in the permit.
C. The effectiveness of this permit shall not be stayed
pending reconsideration by the Authority. If, after reviewing the petition
and any arguments, the Authority determines that reconsideration is appropriate,
the Authority shall remand the permit for reissuance.
D. An Authority decision not to reconsider a final permit
shall be considered a final administrative action for purposes of judicial
review.
E. The permittee seeking judicial review of the Authority's
final action must do so by filing a complaint with the Court of Common Pleas
of Bucks County within 30 days.
The terms and conditions of the wastewater discharge permit may be subject
to modification by the Authority:
A. During the term of the permit. These reasons include,
but are not limited to, the following:
(1) To incorporate any new or revised federal, state or local
pretreatment standards or requirements.
(2) Any changes in the permittee's process or discharge characteristics.
(3) Information indicating that the permitted discharge poses
a threat to the Authority's collection and treatment facilities, personnel
or receiving waters.
(4) Violation of any terms or conditions of the permit.
(5) Misrepresentation or failure, upon the permittee's part,
to disclose fully all relevant facts in the permit application or any required
reporting.
(6) To correct typographical or other errors in the permit.
(7) To reflect transfer of facility ownership and/or operation
to a new owner/operator.
B. Upon request of the permittee, provided such request
does not create a violation of any applicable requirements, standards, laws
or rules and regulations.
C. The permittee shall be informed of any proposed changes
in his permit at least 30 days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable time schedule
for compliance as determined by the Authority. The filing of a request by
the permittee for a permit modification, revocation and reissuance, or termination
or a notification of planned change or anticipated noncompliance, does not
stay any permit condition.
Wastewater discharge permits are issued to a specific user for a specific
operation. A wastewater discharge permit shall not be reassigned, transferred
or sold to a new owner, new user, different premises or a new or changed operation
without written approval of the Authority.
A. The permittee must give at least 30 days' advance notice
to the Authority.
B. The notice shall include a written notarized certification
by the new owner which:
(1) States that the new owner has no intent to change the
facility's operations and processes.
(2) Identifies the specific date on which the transfer is
to occur.
(3) Acknowledge full responsibility for complying with the
existing permit.
Wastewater discharge permits may be terminated for the following reasons:
A. Falsifying monitoring reports.
B. Tampering with monitoring equipment.
C. Refusing to allow timely access to the facility premises
and records.
D. Failure to meet effluent limitations.
F. Failure to pay sewer charges.
G. Failure to meet compliance schedules.
The permittee shall apply for permit reissuance a minimum of 180 days
prior to the expiration of the user's existing wastewater discharge permit.
If the permit is not reissued by the Authority prior to its expiration date,
the conditions of the existing permit shall continue until such time that
a new permit is issued by the Authority, though not to exceed three months.