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 less than five years, at the discretion of the Pretreatment Coordinator. Each individual wastewater discharge permit 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 Pretreatment Coordinator to prevent pass through or interference, protect the quality of the water body receiving the POTW Treatment Plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
A. 
An individual wastewater discharge permit must contain:
(1) 
A statement that indicates the individual wastewater discharge permit issuance date, expiration date, and effective date;
(2) 
A statement that the individual wastewater discharge permit is nontransferable without prior notification to the Pretreatment Coordinator in accordance with § 192-96 of this part, and provisions for furnishing the new owner or operator with a copy of the existing individual wastewater discharge permit;
(3) 
Effluent limits, including BMPs, based on applicable pretreatment standards;
(4) 
Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or BMP) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;
(5) 
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; and
(6) 
Requirements to control slug discharge, if determined by the Pretreatment Coordinator to be necessary.
B. 
Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(2) 
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;
(3) 
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;
(4) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(5) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(6) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
(7) 
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
(8) 
Other conditions as deemed appropriate by the Pretreatment Coordinator to ensure compliance with this part, and state and federal laws, rules, and regulations.
A. 
Public notification. The Pretreatment Coordinator shall publish a notice to issue a pretreatment permit, at least 30 calendar days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
B. 
Permit appeals. The Pretreatment Coordinator shall provide public notice of the issuance of an individual wastewater discharge permit. Any person, including the user, may petition the Pretreatment Coordinator to reconsider the terms of an individual wastewater discharge permit within 30 calendar 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) 
An appeal shall be made to the Pretreatment Coordinator and shall be reviewed by any designated representative(s) of the Borough, provided that:
(a) 
The representative shall not be the Pretreatment Coordinator; and
(b) 
The representative is not the Chief Operator of the POTW. Treatment Plant.
(4) 
Within 60 calendar days of receipt, the representative(s) reviewing the appeal shall report, in writing, to the Borough Council the results of the review. The report shall contain, at a minimum:
(a) 
A summary of each item appealed, the appellant's reasons for appeal and the appellant's proposed remedies, if any;
(b) 
The finding of merit of each point, and the reason(s) for finding;
(c) 
For each point found to be with merit, a proposed remedy and a finding that the remedy is allowable under the provisions of the POTW Pretreatment Program and all applicable federal, state and local rules, regulations and laws.
(d) 
The Borough Council shall review the report and, at one or more regular or special public meetings, take any additional testimony offered by the appellant, reviewer, Pretreatment Coordinator or other interested party.
(e) 
The Borough Council shall, within 45 calendar days, of the conclusion of the testimony, decide to:
[1] 
Grant the appeal or portions of the appeal, applying such remedies as it deems proper; or
[2] 
Deny the appeal.
(5) 
During the process of appeal, the individual wastewater discharge permit shall remain in effect and shall be enforced with exception of those conditions specified in writing in the appeal.
(6) 
Conditions imposed by federal or state regulations shall not be waived. Conditions which, in the opinion of the Pretreatment Coordinator, would constitute a hazard or pose a potential threat of pollution, if waived, shall not be waived during the appeal.
The Pretreatment Coordinator may modify an individual 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 the individual 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 Borough's POTW, Borough personnel, or the receiving waters;
E. 
Misrepresentations or failure to fully disclose all relevant facts in the individual wastewater discharge permit application or in any required reporting;
F. 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
G. 
To correct typographical or other errors in the individual wastewater discharge permit;
H. 
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with § 192-96 of this part; or
I. 
Violation of any terms or conditions of the individual wastewater discharge permit;
J. 
Upon request of the user, provided such modification does not violate any applicable federal, state, or local pretreatment standards or requirements, and that the Pretreatment Coordinator agrees to the modification.
A. 
Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 calendar days' advance notice to the Pretreatment Coordinator and the Pretreatment Coordinator approves the individual wastewater discharge permit transfer. The notice to the Pretreatment Coordinator must include a written certification by the new owner or operator which:
(1) 
States that the new owner and/or operator and/or user has no immediate intent to change the facility's operations and processes;
(2) 
Identifies the specific date on which the transfer is to occur; and
(3) 
Assumes and acknowledges full responsibility and liability for complying with the existing individual wastewater discharge permit.
B. 
Failure to provide advance notice of a transfer and to obtain prior approval of such transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
A. 
The Pretreatment Coordinator may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) 
Failure to notify the Pretreatment Coordinator of significant changes to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the Pretreatment Coordinator of changed conditions pursuant to § 192-104 of this part;
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the individual wastewater discharge permit application;
(4) 
Falsifying self-monitoring reports and certification statements;
(5) 
Tampering with monitoring equipment;
(6) 
Refusing to allow Pretreatment Coordinator 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 individual wastewater discharge permit application;
(12) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) 
Violation of any pretreatment standard or requirement, or any terms of the individual wastewater discharge permit or this part.
B. 
Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.
A user with an expiring individual wastewater discharge permit shall apply for an individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 192-89 of this part, a minimum of 180 calendar days prior to the expiration of the user's existing individual wastewater discharge permit.
A. 
If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Borough shall enter into an intermunicipal agreement with the contributing municipality.
B. 
Prior to entering into an agreement required by Subsection A, above, the Borough shall request the following information from the contributing municipality:
(1) 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
(2) 
An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(3) 
Such other information as the Borough may deem necessary.
C. 
An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1) 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this part and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 192-76 of this part. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Borough's sewer ordinance or local limits;
(2) 
A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) 
A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the POTW; and which of these activities will be conducted jointly by the contributing municipality and the POTW;
(4) 
A requirement for the contributing municipality to provide the Pretreatment Coordinator with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) 
Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
(6) 
Requirements for monitoring the contributing municipality's discharge;
(7) 
A provision ensuring the Pretreatment Coordinator access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Pretreatment Coordinator; and
(8) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.