[Ord. 486, 3/21/2002, § 5.1]
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 less
than five years, at the discretion of MACM. Each wastewater discharge
permit will indicate a specific date upon which it will expire.
[Ord. 486, 3/21/2002, § 5.2]
1. A wastewater discharge permit shall include such conditions as are
deemed reasonably necessary by MACM 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.
A. Wastewater discharge permits must contain:
(1)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed years.
(2)
A statement that the wastewater discharge permit is nontransferrable without prior notification to MACM in accordance with §
18-326 of this Part, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3)
Effluent limits based on applicable pretreatment standards.
(4)
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.
(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.
B. 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.
(7)
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.
(8)
Other conditions as deemed appropriate by MACM to ensure compliance
with this Part, and state and federal laws, rules, and regulations.
[Ord. 486, 3/21/2002, § 5.3]
1. MACM shall issue industrial wastewater discharge permits. Any person,
including the user, may petition MACM to reconsider the terms of a
wastewater discharge permit within 30 days of its issuance.
A. Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
B. In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C. The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
D. If MACM fails to act within 60 days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit, not to issue a wastewater discharge permit, or not
to modify a wastewater discharge permit shall be considered final
administrative actions for purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the Allegheny County Court of Common Pleas.
[Ord. 486, 3/21/2002, § 5.4]
1. MACM may modify a 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 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 MACM's POTW, MACM 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 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 of the facility ownership or operation to a
new owner or operator.
[Ord. 486, 3/21/2002, § 5.5]
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 MACM and MACM approves the wastewater discharge permit transfer.
The notice to MACM 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.
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Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
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[Ord. 486, 3/21/2002, § 5.6]
1. MACM may revoke a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
A. Failure to notify MACM of significant changes to the wastewater prior
to the changed discharge.
B. Failure to provide prior notification to MACM of changed conditions pursuant to §
18-334 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 MACM timely access to the facility premises and
records.
G. Failure to meet effluent limitations.
I. Failure to pay sewer charges. Failure to meet compliance schedules.
J. Failure to complete a wastewater survey or the wastewater discharge
permit application.
K. Failure to provide advance notice of the transfer of business ownership
of a permitted facility.
L. Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this Part.
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Wastewater discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
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[Ord. 486, 3/21/2002, § 5.7]
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with §
18-319 of this Part, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.
[Ord. 486, 3/21/2002, § 5.8]
1. If another municipality, or user located within another municipality,
contributes wastewater to the POTW, MACM shall enter into an intermunicipal
agreement with the contributing municipality.
2. Prior to entering into an agreement required by Subsection
1, above, MACM shall request the following information from the contributing municipality:
A. A description of the quality and volume of wastewater discharged
to the POTW by the contributing municipality.
B. An inventory of all users located within the contributing municipality
that are discharging to the POTW.
C. Such other information as MACM may deem necessary.
3. An intermunicipal agreement, as required by Subsection
1, above, shall contain the following conditions:
A. A requirement for the contributing municipality to adopt a sewer use ordinance which is at/least as stringent as this ordinance and local limits which are at least as stringent as those set out in §
18-308 of this Part. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to MACM's ordinance or local limits.
B. A requirement for the contributing municipality to submit a revised
user inventory on at least an annual basis.
C. A provision specifying which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and sampling;
and enforcement, will be conducted by the contributing municipality;
which of these activities will be conducted by MACM; and which of
these activities will be conducted jointly by the contributing municipality
and MACM.
D. A requirement for the contributing municipality to provide MACM with
access to all information that the contributing municipality obtains
as part of its pretreatment activities.
E. A provision ensuring MACM 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 MACM.