[Ord. 422, 10/12/1994]
When requested by the MTMA, an industrial user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The MTMA is authorized to prepare a form for this purpose and may periodically require industrial users to update this information. Failure to submit the requested wastewater information within 60 days of the request shall be considered a violation of this Part, and the MTMA may terminate service to the industrial user for failure to comply with this provision.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1. 
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the MTMA, except that a significant industrial user that has filed a timely application pursuant to § 18-323 of this Part may continue to discharge for the time period specified therein.
2. 
The MTMA may require other industrial users to obtain wastewater discharge permits as necessary to carry out the purposes of this Part.
3. 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part and of the MTMA pretreatment standards and/or requirements and subjects the wastewater discharge permittee to the sanctions set forth in §§ 18-371 through 18-394 of this Part. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
Any industrial user required to obtain a wastewater discharge permit which was discharging wastewater into the POTW prior to the effective date of this Part and which wishes to continue such discharges in the future shall, within 90 days after said date, apply to the MTMA for a wastewater discharge permit in accordance with § 18-311 of this Part and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this Part except in accordance with a wastewater discharge permit issued by the MTMA.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
Any industrial user required to obtain a wastewater discharge permit which proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 18-311 of this Part, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1. 
All industrial users required to obtain a wastewater discharge permit must submit a permit application. The MTMA may require all industrial users required to obtain a wastewater discharge permit to submit, as part of the permit application, the following information:
A. 
All information required by § 18-341, Subsection 2, of this Part.
B. 
Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
C. 
Number and type of employees, hours of operation and proposed or actual hours of operation.
D. 
Each product produced by type, amount, process or processes and rate of production.
E. 
Type and amount of raw materials processed (average and maximum per day).
F. 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge.
G. 
Time and duration of discharges.
H. 
Any other information as may be deemed necessary by the MTMA to evaluate the wastewater discharge permit application.
2. 
Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.
[Ord. 422, 10/12/1994]
All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial 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 violation."
[Ord. 422, 10/12/1994]
The MTMA will evaluate the data furnished by the industrial user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application, the MTMA will determine whether or not to issue a wastewater discharge permit. The MTMA may deny any application for a wastewater discharge permit.
[Ord. 422, 10/12/1994]
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 of less than five years, at the discretion of the MTMA. Each wastewater discharge permit will indicate a specific date upon which it will expire.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1. 
A wastewater discharge permit shall include such conditions, constituting pretreatment standards and/or requirements, as are deemed reasonably necessary by the MTMA 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.
2. 
Wastewater discharge permits must contain:
A. 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years.
B. 
A statement that the wastewater discharge permit is nontransferable without prior notification to, and approval by, the MTMA in accordance with § 18-333 of this Part and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
C. 
Effluent limits based on applicable pretreatment standards.
D. 
Self-monitoring, sampling, reporting, notification and record keeping 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.
E. 
A statement of applicable civil, criminal and administrative penalties for the violation of pretreatment standards and/or requirements.
3. 
Wastewater discharge permits may contain, but need not be limited to:
A. 
Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization.
B. 
Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass or other measure of identified wastewater pollutants or properties.
C. 
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.
D. 
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.
E. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
F. 
The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW.
G. 
Requirements for installation and maintenance of inspection and sampling facilities and equipment.
H. 
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.
I. 
Other conditions as deemed appropriate by the MTMA to ensure compliance with this Part, the pretreatment standards and requirements established by the MTMA and state and federal laws, rules and regulations.
[Ord. 422, 10/12/1994]
1. 
Any person, including the industrial user, may petition the MTMA to reconsider the terms of a wastewater discharge permit or the denial of issuance of a wastewater discharge permit within 30 days of notice of the issuance or denial.
2. 
Failure to submit a timely petition to reconsider shall be deemed to be a waiver of any right to further review and administrative appeal.
3. 
In its petition to reconsider, the petitioner must indicate the wastewater discharge permit provisions objected to, the reasons for the objection(s) and the alternative condition(s), if any, it seeks to place in the wastewater discharge permit.
4. 
The effectiveness of the wastewater discharge permit shall not be stayed pending the reconsideration.
5. 
If the MTMA fails to act within 60 days following the submission of a timely petition to reconsider, the request for reconsideration shall be deemed to be denied.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1. 
Any aggrieved person, including the industrial user, may, subsequent to petitioning for reconsideration as set forth in § 18-330 of this Part, appeal from a denial of reconsideration to the MTMA and shall receive a hearing before the MTMA Board of Directors, at which hearing the appealing party shall have an opportunity to present evidence before the Board on its behalf. A notice of appeal requesting a hearing date must be submitted to the MTMA within 30 days of the issuance of a denial of reconsideration or within 30 days of an effective denial of reconsideration pursuant to § 18-330, Subsection 5, of this Part.
2. 
Failure to submit a timely notice of appeal shall be deemed to be a waiver of the administrative appeal.
3. 
The notice of appeal need only indicate that the appellant desires to appeal from the denial of reconsideration and that the appellant requests that a hearing date be set.
4. 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
5. 
A hearing date will subsequently be set by the MTMA, and the appealing party shall be provided with adequate notice of the hearing date.
6. 
All testimony at such hearing shall be stenographically recorded at the expense of the appealing party, and a full and complete record shall be kept of the proceedings.
7. 
Within 60 days following the hearing date, the MTMA Board of Directors shall issue its final adjudication of the matter. Such adjudication shall be in writing, shall contain findings and the reasons for the adjudication and shall be served upon all parties or their counsel personally or by mail pursuant to 2 Pa.C.S.A. § 555.
8. 
Aggrieved parties seeking judicial review of the final administrative adjudication of the MTMA Board must do so by filing a petition for review in the Court of Common Pleas of Allegheny County, Pennsylvania, within 30 days of the issuance of the final adjudication of the MTMA Board of Directors pursuant to 2 Pa.C.S.A. § 752, 42 Pa.C.S.A. § 933 and Pa.R.A.P. 1512(a)(1).
[Ord. 422, 10/12/1994]
The MTMA may modify a wastewater discharge permit for a 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 industrial 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 MTMA's POTW, 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 by the permittee of the facility ownership or operation to a new owner or operator in accordance with the provisions of this Part.
[Ord. 422, 10/12/1994]
1. 
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days' advance notice to the MTMA and the MTMA approves the wastewater discharge permit transfer in writing. The notice to the MTMA must include a written certification by the new owner or operator which:
A. 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.
B. 
Identifies the specific date on which the transfer is to occur.
C. 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
2. 
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
[Ord. 422, 10/12/1994]
1. 
The MTMA may revoke a wastewater discharge permit for a good cause including, but not limited to, the following reasons:
A. 
Failure to notify the MTMA of significant changes to the wastewater prior to the changed discharge.
B. 
Failure to provide prior notification to the MTMA of changed conditions pursuant to § 18-245 of this Part.
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 MTMA timely access to the facility premises and records.
G. 
Failure to meet effluent limitation.
H. 
Failure to pay fines.
I. 
Failure to pay sewer charges.
J. 
Failure to meet compliance schedules.
K. 
Failure to complete a wastewater survey of 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.
2. 
Wastewater discharge permits shall be voidable upon 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 new wastewater discharge permit to that industrial user.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
An industrial user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 18-325 of this Part, a minimum of 90 days prior to the expiration of the industrial user's existing wastewater discharge permit.