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 discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
[Amended 4-30-2007 by Ord. No. 723-07]
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director 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.
The Director shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Director to reconsider the terms of a wastewater discharge permit within 10 days of notice of its issuance.
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 Director fails to act within seven 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.
E. 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Circuit Court for Harford County within 30 days of the final administrative decision on the wastewater discharge permit.
The Director 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 City's POTW, the City of Aberdeen's 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.
I. 
To reflect a transfer of the facility ownership or operation to a new owner or operator, as provided in § 450-66.
A. 
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 90 days' advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director 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.
(3) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
B. 
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
A. 
The Director may revoke a wastewater discharge permit for good cause, including but not limited to the following reasons:
(1) 
Failure to notify the Director of significant changes to the wastewater prior to the changed discharge.
(2) 
Failure to provide prior notification to the Director of changed conditions pursuant to § 450-74 of this Part 4.
(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 Director 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 survey or 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 4.
B. 
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.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 450-59 of this Part 4, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.
A. 
If another municipality, or a user located within another municipality, contributes wastewater to the POTW, the Director shall enter into an intermunicipal agreement with the contributing municipality or enter into an agreement with the user which is located outside the City of Aberdeen limits.
B. 
Prior to entering into an agreement required by Subsection A above, the Director shall request the following information from the contributing municipality or user:
(1) 
A description of the quality and volume of wastewater discharged to the POTW.
(2) 
An inventory of all users located within the contributing municipality that are discharging to the POTW.
(3) 
Such other information as the Director may deem necessary.
C. 
Aberdeen has the right to take legal action to enforce the terms of the contributing municipality's ordinance or to impose and enforce pretreatment standards and requirements directly against noncompliant dischargers in the event the contributing jurisdiction is unable or unwilling to take such action.