In the absence of a permit from the Borough, it shall be unlawful
to discharge to the POTW any wastewater except as authorized in writing
by the Borough in accordance with the provisions of this chapter,
and as may be further limited by applicable state and federal laws
and regulations.
All questionnaires, wastewater permit applications and user
reports must contain the following certification statement and must
be signed by an authorized representative of the user.
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
|
Permits shall be expressly subject to all provisions of this
chapter and all other applicable regulations, user charges, strength
surcharges, and fees established by the Borough. Any violation of
the terms and conditions of a permit shall be deemed a violation of
this chapter and, regardless of the terms of the permit, shall subject
the permittee to enforcement and penalties as set forth in this chapter.
The permit may contain the following:
A. The schedule of user charges and fees for the wastewater to be discharged
to a sewer.
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 schedule.
G. Requirements for submission of self-monitoring reports (SMR), technical
reports or discharge reports.
H. Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Borough and affording
the Borough access thereto. All records shall be maintained for a
minimum of three years and, in the case of litigation, a minimum of
three years from the termination or settlement of said litigation.
I. Requirements for notification to the Borough of a proposed or actual
modification of the wastewater being introduced into the POTW, 90
days prior to the discharge of such modified discharge. For purposes
of this section, a modified discharge shall be considered:
(1) Any
increase in the volume of the discharge beyond that allowed in the
permit;
(2) The
introduction of any previously unreported wastewater constituent;
or
(3) An
increase in the character or amounts of constituents beyond that allowed
in the permit.
J. Requirements for notification of slug discharges in accordance with §
323-14.
K. Requirements that all wastewater samples be representative of the
user's discharge and that wastewater monitoring and flow measurement
facilities be properly operated, kept clean, and maintained in good
working order at all times. The failure of a user to keep its monitoring
facility in good working order shall not be grounds for the user to
claim that sample results are unrepresentative of its discharge.
L. A statement of applicable civil and criminal penalties, under Article
V of this chapter, for violation of this chapter or a permit condition.
M. Other conditions as deemed necessary by the Borough to ensure compliance
with this chapter.
Permits are issued to a specific user for a specific operation.
A permit shall not be reassigned or transferred or sold to a new owner,
new user, different premises, or a new or changed operation without
the written approval of the Borough. Any succeeding owner shall also
comply with the terms and conditions of the existing permit.
The user may petition the Superintendent to reconsider the terms
of a permit within 30 days of receipt of notice of its issuance.
A. Failure to submit a timely petition for review shall be deemed a
waiver of the user's right to appeal.
B. In its petition, the appealing party must indicate the permit provisions
objected to, the reasons for this objection, and the alternative condition,
if any, it seeks to place in the permit.
C. The effectiveness of the permit shall not be stayed pending the appeal.
D. If the Borough fails to act within 30 days, a request for reconsideration
shall be deemed to be denied. The Borough may, at its discretion,
hold an administrative hearing before Borough Council, or a designee
of Borough Council, during which a record of the proceeding and any
decision on such request for reconsideration shall be made. Decisions
not to reconsider a permit, not to issue a permit, or not to modify
a permit shall be considered final administrative actions for purposes
of judicial review.
E. A permittee seeking judicial review of the final administrative permit
decision must do so by filing a complaint with the Court of Common
Pleas of Montgomery County within 30 days of the final administrative
permit decision.
Notwithstanding any other provision of this chapter, a user
required to have a permit shall submit to the Borough all monitoring
data and analytical results collected or obtained at the permitted
facility within 15 days of its receipt of such data, unless a different
time period is set forth in the permit.
The Borough may publish annually in the daily local news a list
of the users that, during the previous calendar year, were in significant
noncompliance with applicable standards and requirements.