An individual wastewater discharge permit shall be issued for
a specified time period, not to exceed five years from the effective
date of the permit. An individual wastewater discharge permit may
be issued for a period of less than five years, at the discretion
of the Director of Wastewater or his/her designee. Each individual
wastewater discharge will indicate a specific date upon which it will
expire.
An individual wastewater discharge permit shall include such
conditions as are deemed reasonably necessary by the Director of Wastewater
or his/her designee 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.
(1) Individual wastewater discharge permits must contain:
a. A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date.
b. A statement that the wastewater discharge permit is nontransferable without prior notification to the City of Biddeford, Maine, in accordance with Section
71-26 of this chapter and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
c. Effluent limits, including best management practices, based on applicable
pretreatment standards.
d. Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants (or best management practice) to be monitored, sampling
location, sampling frequency, and sample type based on federal, state,
and local law.
e. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section
71-33(b).
f. 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.
g. Requirements to control slug discharge, if determined by the Director
of Wastewater or his/her designee to be necessary.
h. Any grant of the monitoring waiver by the Director of Wastewater or his/her designee [Section
71-33(b)] must be included as a condition in the user's permit.
(2) Individual wastewater discharge permits may contain, but need not
be limited to, the following conditions:
a. Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
b. 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;
c. 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;
d. Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
e. The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
f. Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices;
g. A statement that compliance with the individual 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 individual wastewater
discharge permit; and
h. Other conditions as deemed appropriate by the Director of Wastewater
or his/her designee to ensure compliance with this chapter and state
and federal laws, rules, and regulations.
The Director of Wastewater or his/her designee shall provide
public notice of the issuance of an individual wastewater discharge
permit. Any person, including the user, may petition the Director
of Wastewater or his/her designee to reconsider the terms of an individual
wastewater discharge permit within 30 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 appealing party must indicate the individual
wastewater discharge permit provisions objected to, the reasons for
this objection, and the alternative condition, if any, it seeks to
place in the individual wastewater discharge permit.
(3) The effectiveness of the individual wastewater discharge permit shall
not be stayed pending the appeal.
(4) If the Director of Wastewater or his/her designee fails to act within
30 days, a request for reconsideration shall be deemed to be denied.
Decisions not to reconsider an individual wastewater discharge permit,
not to issue an individual wastewater discharge permit, or not to
modify an individual wastewater discharge permit shall be considered
final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative
individual wastewater discharge permit decision must do so by filing
a complaint with the York County Superior Court for equitable relief
within 30 calendar days from the issuance of the decision of the Wastewater
Director or his/her designee.
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section
71-19 of this chapter, a minimum of 90 days prior to the expiration of the user's existing individual wastewater discharge permit.