When requested by the VJSA, all nonresidential users must submit information on the nature and characteristics of their wastewater by completing a waste survey within 30 days of the request. The VJSA is authorized to prepare a form for this purpose and may periodically require users to update the survey.
A. 
No significant industrial users (SIU) shall discharge industrial wastewater into the POTW treatment plant without first obtaining a wastewater discharge permit from the VJSA, except when an SIU has filed a timely permit application pursuant to Subsections B and C of this section, then the SIU may continue to discharge for the time period specified therein.
B. 
Any SIU which discharges industrial wastewater into the POTW treatment plant prior to the effective date of this Part 3 and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the VJSA for a wastewater discharge permit in accordance with § 137-79 of this Part 3, if said SIU does not have a wastewater discharge permit, and shall not cause or allow discharges to the POTW treatment plant to continue after 180 days of the effective date of this Part 3 except in accordance with a wastewater discharge permit issued by the VJSA.
C. 
Any SIU proposing to begin or recommence discharging industrial wastewater into the POTW treatment plant shall obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit shall be filed at least 60 days prior to the date upon which any discharge is to begin.
D. 
The VJSA may require other nonresidential users, with the potential to discharge wastewater other than domestic wastewater, to obtain wastewater discharge permits as necessary to carry out the purposes of this Part 3. In any case, the owner or his agent shall complete a permit application furnished by the VJSA when requested.
E. 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part 3 and subjects the Permittee to the sanctions set out in § 137-93.4 and 137-93.5 of this Part 3. Obtaining a wastewater discharge permit does not relieve the Permittee of its obligation to comply with all Federal, State and local pretreatment standards or Requirements.
Industrial users required to obtain a wastewater discharge permit shall complete and file an application in the form prescribed by the VJSA accompanied by the applicable fee. In support of the application, the user shall submit, in units and terms appropriate for evaluation, information including, but not limited to, the following:
A. 
Name, address, and NAICS number, according to the North American Industry Classification System, United States, 2002 Manual, Office of Management and Budget.
B. 
Wastewater constituents and characteristics as determined by a reliable analytical laboratory; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Clean Water Act, and contained in 40 CFR 136, as amended.
C. 
Time and duration of discharge.
D. 
Average daily and sixty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
E. 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, floor drains and appurtenances by size, location and elevation.
F. 
Description of activities, facilities and plant processes on the premises, including all materials used or stored at the facility which are, or could be, discharged to the POTW treatment plant.
G. 
Each product produced by type, amount, process or processes, and rate of production.
H. 
Number and type of employees, hours of operation of plant, and proposed or actual hours of operation of pretreatment facilities.
I. 
Water usage and disposal.
J. 
Type and amount of raw materials processed.
K. 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any local, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet applicable pretreatment standards.
L. 
The shortest schedule by which the industrial user will provide such additional pretreatment, if additional pretreatment and/or O&M is required to meet the pretreatment standards; the completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule shall meet the requirements set out in § 137-86 of this Part 3.
M. 
If the industrial user also has an NPDES permit for a direct discharge, a copy of the NPDES permit.
N. 
Any other information as may be deemed by the VJSA to be necessary to evaluate the permit application.
O. 
The permit application shall be signed by an authorized representative of the industrial user.
P. 
Applications which are deemed by the VJSA to be incomplete or inaccurate shall not be processed and shall be returned to the industrial user for revision.
A. 
At the discretion of the VJSA, the VJSA may use general permits to control industrial user discharges to the POTW treatment plant if the following conditions are met. All facilities to be covered by a general permit must:
(1) 
Involve the same or substantially similar types of operations.
(2) 
Discharge the same types of wastes.
(3) 
Require the same effluent limitations.
(4) 
Require the same or similar monitoring.
(5) 
In the opinion of the VJSA, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
B. 
To be covered by the general permit, the industrial user must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any request in accordance with § 137-88D of this Part 3 for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the VJSA deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the VJSA has provided written notice to the industrial user that such a waiver request has been granted in accordance with § 137-88D of this Part 3.
C. 
The VJSA will retain a copy of the general permit, documentation to support the VJSA's determination that a specific industrial user meets the criteria in Subsection A of this section and a copy of the industrial user's written request for coverage for at least three years after the expiration of the general permit.
D. 
The VJSA may not control an industrial user through a general permit where the facility is subject to production-based federal categorical pretreatment standards or federal categorical pretreatment standards expressed as mass of pollutant discharged per day or for industrial users whose limits are based on the combined wastestream formula or net/gross calculations.
A. 
Certification of permit applications, reports and initial monitoring waiver: All wastewater discharge permit applications, reports and initial monitoring waivers shall be signed by an authorized representative of the industrial user and shall contain the following certification statement:
"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."
B. 
If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the VJSA prior to or together with any reports to be signed by an authorized representative.
C. 
Annual certification for nonsignificant categorical industrial users: A facility determined to be a nonsignificant categorical industrial user pursuant to 40 CFR 403.3(v)(2) shall annually submit the following certification statement, signed in accordance with the signatory requirements in 40 CFR 403.12(l) and § 137-64 of this Part 3. This certification must accompany an alternative report required by the VJSA:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR_____, I certify that, to the best of my knowledge and belief that during the period from _____, _____ to _____, _____ [months, days, year] the facility described as __________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in 40 CFR 403.3(v)(2) and § 137-64 of the Sayre Borough Code and complied with all applicable pretreatment standards and requirements during this reporting period. I further certify that the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance information is based upon the following information: ______________________________"
D. 
Certification of pollutants not present. Industrial users that have an approved monitoring waiver based on § 137-88D of this Part 3 shall certify on each report using the following statement that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____, I certify that, to the best of my knowledge and belief, there has been no increase in the level of __________ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 137-88 of the Sayre Borough pretreatment Ordinance."
The VJSA will evaluate the data furnished by the industrial user. The VJSA may request additional information, issue a wastewater discharge permit, or deny any application for a wastewater discharge permit.
Wastewater discharge permits are hereby subject to all provisions of this Part 3 and all other applicable regulations, industrial user charges and fees established by the VJSA. Wastewater discharge permits may include such conditions as are reasonably deemed necessary by the VJSA to prevent pass through or interference, protect the quality of the water body receiving the POTW treatment plant effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality and protect against damage to the POTW treatment plant. Wastewater discharge permits may contain the following information:
A. 
The wastewater discharge permit duration shall not exceed five years.
B. 
The wastewater discharge permit is nontransferable without prior notification to and approval from the VJSA. Permit transfers shall be made in accordance with § 137-84E of this Part 3.
C. 
Effluent limits, including best management practices, based on applicable pretreatment standards. Such BMPs shall be considered local limits and pretreatment standards for the purposes of 403 CFR 403 and Section 307(d) of the Act.
D. 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements include, but are not limited to, an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law. This also includes the process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge, or a specific waived pollutant in the case of a wastewater discharge permit.
E. 
Civil, criminal and administrative penalties for violation of pretreatment standards and requirements, any applicable compliance schedule, or any other requirements set forth in this Part 3. Such compliance schedules may not extend the time for compliance beyond that required by applicable federal, state and local law.
F. 
The unit charge or schedule of user charges and fees for the treatment of the wastewater discharged to the POTW treatment plant.
G. 
Limits on the average and/or maximum wastewater constituent concentrations, mass or other measure of identified wastewater pollutants or properties, and limits on the location of discharge points.
H. 
Limits on average and/or maximum rate and time of discharge and/or requirements for flow regulations and equalization.
I. 
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 POTW treatment plant.
J. 
Requirements for the installation and proper operation and maintenance of an industrial user's pretreatment facility, inspection and sampling facilities, and other equipment, and notification to the VJSA regarding the failure of such facilities and equipment.
K. 
Requirements for maintaining and affording VJSA representatives, including contractors, access to an industrial user's property and plant records relative to the wastewater discharge.
L. 
Requirements for notification to the VJSA of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents.
M. 
Development and implementation of spill control plans or other special conditions, including best management practices, necessary to adequately prevent accidental, unanticipated or routine discharges.
N. 
Requirements to control slug discharges, if determined by the VJSA to be necessary.
O. 
Any grant of the monitoring waiver by the VJSA, such as for pollutants not present as described in § 137-88D of this Part 3, must be included as a condition in the industrial user's permit.
P. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW treatment plant.
Q. 
A statement that compliance with the wastewater discharge permit does not relieve the industrial user of the responsibility for compliance with all applicable pretreatment standards, including those that become effective during the term of the wastewater discharge permit.
R. 
Other conditions as deemed appropriate by the VJSA to ensure compliance with this Part 3, and state and federal laws, rules and regulations, or as otherwise deemed necessary to protect the POTW treatment plant, sludge quality, human health and the environment.
A. 
Permit duration. Wastewater discharge permits 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 of less than five years at the discretion of the VJSA.
B. 
Permit public notice. The VJSA may provide public notice in a newspaper of general circulation that provides meaningful public notice within the jurisdiction of the POTW, at least 14 days prior to issuance of a wastewater discharge permit. The notice may indicate a location where the draft/final wastewater discharge permit may be reviewed and an address where written comments may be submitted.
C. 
Permit appeals. Any person, including the industrial user, may petition the VJSA to reconsider the terms of a wastewater discharge permit within 30 days of its issuance or modification. Such petition shall be in writing and shall clearly state all facts on which it relies.
(1) 
Failure to submit a timely petition for review shall be deemed a waiver of the administrative appeal.
(2) 
In its petition, the appealing party shall indicate the wastewater discharge permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. If the appeal is for a modified wastewater discharge permit, only the modified permit conditions shall be subject to appeal.
(3) 
The effectiveness of the wastewater discharge permit shall not be stayed pending an appeal.
(4) 
If the VJSA fails to initiate action to reconsider the decision within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered a final administrative action for purposes of judicial review.
(5) 
Aggrieved parties seeking judicial review of final administrative wastewater discharge permit decisions must do so by filing a complaint with the Court of Common Pleas for Bradford County within 30 days of the VJSA's determination, or within 30 days of the expiration of the thirty day period under Subsection D of this section, as applicable.
D. 
Permit modifications. The terms and conditions of the wastewater discharge permit may be subject to modification by the VJSA during the term of the permit for cause as provided below. Changes or new conditions in the wastewater discharge permit may include a reasonable time schedule for compliance as authorized by applicable law and as determined by the VJSA. Causes for modification to a wastewater discharge permit include, but are not limited to, the following:
(1) 
Changes in federal, state or local pretreatment standards or requirements.
(2) 
Alterations or additions to the industrial user's operation, process or wastewater discharge volume or character since the time of the wastewater discharge permit issuance.
(3) 
A change in the POTW treatment plant that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(4) 
Information indicating that the permitted discharge, either singly or by interaction with other discharges, poses a threat to the sewer system and/or the POTW treatment plant, personnel or the receiving waters, or may place the VJSA in violation of its NPDES permit.
(5) 
Violation of any terms or conditions of the wastewater discharge permit.
(6) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
(7) 
Revision of a grant of variance from federal categorical pretreatment standards pursuant to 40 CFR 403.13.
(8) 
To correct typographical or other errors in the wastewater discharge permit.
(9) 
To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
E. 
Permit transfer. Wastewater discharge permits shall be issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be transferred to any person or to different premises, and shall not encompass a new or changed operation unless VJSA approval is issued. Notice of the transfer shall be provided to the VJSA 30 days in advance of the transfer and shall include a written certification by the new owner and/or operator which:
(1) 
Provides the name and address of the facility including the name of the new owner and/or operator.
(2) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.
(3) 
Identifies the specific date on which the transfer is to occur.
(4) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(5) 
Failure to provide advance notice of a transfer shall render the wastewater discharge permit void on the date of facility transfer. The VJSA may modify or terminate a transferred permit as set forth in § 137-84D or F of this Part 3.
F. 
Permit termination. The VJSA may revoke or terminate a wastewater discharge permit for cause, including, but not limited to, the following reasons:
(1) 
Failure to notify the VJSA of significant changes in the operation or wastewater volume, characteristics or constituents prior to discharge.
(2) 
Failure to provide prior notification to the VJSA of changed conditions pursuant to § 137-89 of this Part 3.
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or reports.
(4) 
Falsifying monitoring reports.
(5) 
Tampering with monitoring equipment.
(6) 
Refusing to allow the VJSA or its representatives timely access to the facility premises and records.
(7) 
Failure to meet effluent limitations.
(8) 
Failure to timely pay fines.
(9) 
Failure to timely pay sewer charges.
(10) 
Failure to meet compliance schedules.
(11) 
Failure to complete a waste survey or 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 conditions of a wastewater discharge permit or this Part 3.
(14) 
A change in the POTW treatment plant that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(15) 
Information indicating that the permitted discharge, either singly or by interaction with other discharges, poses a threat to the sewer system or POTW treatment plant, Borough or VJSA personnel, the receiving waters, or may place the VJSA in violation of its NPDES permit.
(16) 
Wastewater discharge permits shall be voided by the VJSA for non-use, cessation of operations, or transfer of business ownership. All wastewater discharge permits issued to a particular industrial user are void upon the issuance of a subsequent wastewater discharge permit to that industrial user. An industrial user shall be notified of the proposed termination of its wastewater discharge permit and may be offered an opportunity to show cause as set forth in § 137-93.4C of this Part 3.
G. 
Permit reissuance. Except as otherwise approved by the VJSA, an industrial user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the industrial user's existing wastewater discharge permit. Notwithstanding any other provision of this Part 3, if the industrial user has timely filed a complete permit application, and the VJSA, through no fault of the industrial user, has not reissued the wastewater discharge permit prior to the expiration date, the conditions of the existing wastewater discharge permit shall continue until such time the VJSA has issued another permit.
H. 
Authorization to issue permits. The POTW Treatment Plant Superintendent has the authorization to issue permits. His/her signature shall appear on the first page of each wastewater discharge permit with the issuance, amendment and expiration dates of the wastewater discharge permit.
I. 
Regulation of wastewater received from other municipalities. If another municipality or industrial user located within another municipality contributes wastewater to the POTW treatment plant, the VJSA shall enter into an interjurisdictional agreement with the contributing municipality. Pertinent information relative to the quality and volume of wastewater discharged from the contributing municipality shall be requested prior to entering into an agreement with the contributing municipality.