Permits shall be issued for a specified time period, not to exceed three years. A permit may not be issued for a period less than one year. The user shall apply to renew his permit a minimum of 180 days prior to expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Town during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, as determined by the Town Engineer.
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Town Engineer 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.
A. 
Wastewater discharge permits must contain:
(1) 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed three years.
(2) 
A statement that the wastewater discharge permit is nontransferable in accordance with § 160-27 of this Part 1.
(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.
(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.
B. 
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.
(8) 
Other conditions as deemed appropriate by the Town Engineer to ensure compliance with this Part 1, and state and federal laws, rules and regulations.
A. 
An industrial user may petition the Town Engineer to reconsider the terms of a wastewater discharge permit within 14 days of notice 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 industrial user 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 Town Engineer fails to act within 14 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.
B. 
Wastewater discharge permits shall be expressly subject to all provisions of this Part 1 and all other applicable ordinances, regulations, user charges and fees established by the Town.
The Town Engineer may modify a wastewater discharge permit for 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 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 Town's POTW, Town 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.
Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred to a new owner, new user, different premises or a new or changed operation.
A. 
Suspension.
(1) 
The Town Engineer shall suspend a wastewater discharge permit when such suspension is necessary in order to stop a discharge which violates any provision of this Part 1 or causes the Town to violate any condition of its SPDES permit. This suspension will normally be given in writing; however, in an emergency, the suspension shall be verbal.
(2) 
Any discharger notified of a suspension of his permit shall immediately stop such discharge. In the event of a failure of the discharger to comply voluntarily with the suspension order, the Town Engineer shall take all steps necessary to ensure compliance.
(3) 
The Town may reinstate the permit upon written proof of satisfactory compliance with all discharge requirements of this Part 1.
B. 
Revocation.
(1) 
Any user who violates any of the following conditions of this Part 1, or applicable state and federal regulations, is subject to having his permit revoked.
(2) 
The Town Engineer may revoke a wastewater discharge permit for good cause, including but not limited to the following reasons:
(a) 
Failure to notify the Town Engineer of significant changes to the wastewater prior to the changed discharge.
(b) 
Failure to provide prior notification to the Town Engineer of changed conditions pursuant to § 160-35 of this Part 1.
(c) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
(d) 
Falsifying self-monitoring reports.
(e) 
Tampering with monitoring equipment.
(f) 
Refusing to allow the Town Engineer timely access to the facility premises and records.
(g) 
Failure to meet effluent limitations.
(h) 
Failure to pay fines.
(i) 
Failure to pay sewer charges.
(j) 
Failure to meet compliance schedules.
(k) 
Failure to complete a wastewater survey or the wastewater discharge permit application.
(l) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility.
(m) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Part 1.
(3) 
Wastewater discharge permits shall be deemed null and void 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. The Town may reinstate the permit upon written proof of satisfactory compliance with this Part 1.
A. 
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application within a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.
B. 
The Town may deny or condition any new or increased discharge to its system or discharges which have changed with respect to their physical or chemical character if, in the opinion of the Town, such discharge would not be in compliance with applicable federal or state or local pretreatment standards and requirements or where such discharge would cause the Town to violate its SPDES permit, inhibit or interfere with the operation and maintenance of the Town's collection and treatment facilities or concentrate in the sludge and interfere with its disposal by approved methods.
C. 
All users required to obtain a wastewater discharge permit shall complete and file an application with the Town Engineer.
A. 
If another municipality contributes wastewater to the POTW, the Town Board shall enter into an intermunicipal agreement with the contributing municipality.
B. 
Prior to entering into an agreement required by Subsection A above, the Town Board 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.
(3) 
Such other information as the Town Board may deem necessary.
C. 
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 1 and local limits which are at least as stringent as those set out in § 160-9 of this Part 1. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Town's local law or 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 by the Town Engineer; and which of these activities will be conducted jointly by the contributing municipality and the Town Engineer.
(4) 
A requirement for the contributing municipality to provide the Town Engineer 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 Town Engineer 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 Town Engineer.
(8) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.