[Ord. 2012-02, 7/5/2012, § 5.1]
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 the owner. Each wastewater discharge
permit will indicate a specific date upon which it will expire.
2.
The terms and conditions of an expired wastewater discharge permit
shall be deemed to continue in effect pending a decision on a reissued
permit, if (A) the discharger filed a timely complete application
and (B) the wastewater discharge permit, through no fault of the discharger,
is not reissued with an effective date on or before the expiration
date of the existing permit.
[Ord. 2012-02, 7/5/2012, § 5.2]
1.
A wastewater discharge permit shall include such conditions as are
deemed reasonably necessary by the owner 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 five years.
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the owner in accordance with § 18-528 of this Part, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3)
Effluent limits, including best management practices, based
on applicable pretreatment standards 40 CFR 403.8(f)(1)(iii)(B)(3)].
(4)
Self monitoring, sampling, reporting, notification, including,
but not limited to, notification to the owner of noncompliance, of
new introduction of wastewater constituents; any substantial change
in the volume or characteristic of the wastewater constituents being
introduced into the wastewater treatment system, or anticipated changes
in user production, and record-keeping requirements. These requirements
may 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.
(6)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 18-506, Subsection 1H.
(7)
Requirements to control slug discharge, if determined by the
owner to be necessary.
(8)
Any grant of the monitoring waiver by the owner must be included
as a condition in the user's permit.
B.
Wastewater discharge permits may contain, but not be limited to,
the following conditions:
(1)
Compliance schedules, including, but not limited to, compliance
schedules to meet local limits.
(2)
Conditions pertaining to transfer, modification, revocation
and reissuance, and termination of permits.
(3)
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization.
(4)
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.
(5)
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.
(6)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW.
(7)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW.
(8)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
(9)
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.
(10)
Other conditions as deemed appropriate by the owner to ensure
compliance with this Part, and state and federal laws, rules, and
regulations.
[Ord. 2012-02, 7/5/2012, § 5.3]
1.
The owner shall provide written notice to the user or applicant of
the issuance, reissuance, modification, transfer, suspension, revocation
or denial of a wastewater discharge permit. Such decision is not a
final administrative action for purposes of Subsection 1E below. Any
user or applicant who wishes to appeal the issuance, reissuance, modification,
transfer, suspension, revocation or denial of a wastewater discharge
permit shall first petition the owner to reconsider the terms of a
wastewater discharge permit within 30 days of receipt of the written
notification.
A.
Failure to submit a timely written petition for reconsideration to
the owner shall be deemed to be a waiver of the administrative appeal.
The date of submission shall be the date the owner receives the petition.
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; however, the owner, upon its own initiative
or in response to a request, may stay contested permit conditions.
D.
If the owner fails to act on a petition within 60 days, a request
for reconsideration shall be deemed to be denied and shall be considered
a final administrative action for purposes of Subsection 1E below.
Decisions by the owner on the petition within 60 days shall be considered
final administrative actions for purposes of Subsection 1E.
E.
Any user or applicant seeking judicial review of the final administrative
action must do so by filing a complaint with the Court of Common Pleas
for Crawford County, Pennsylvania, within 30 days after the final
administrative action.
[Ord. 2012-02, 7/5/2012, § 5.4]
1.
The owner 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, 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 owner's POTW, operating personnel, or the receiving waters.
E.
Violation of any terms or conditions of the wastewater discharge
permit or violation of any requirement set forth in an applicable
pretreatment law, ordinance, regulation or rule.
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.
[Ord. 2012-02, 7/5/2012, § 5.5]
1.
Unless otherwise provided by the owner, wastewater discharge permits
may be transferred to a new owner or operator only if the permittee
gives at least 30 days' advance notice to the owner and the owner
approves the wastewater discharge permit transfer. The notice to the
owner must include a complete application by the present permittee
and proposed new permittee 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.
D.
Any other information requested by the owner.
2.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
[Ord. 2012-02, 7/5/2012, § 5.6]
1.
The owner may revoke or suspend a wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
A.
Failure to notify the owner of significant changes to the wastewater
prior to the changed discharge.
B.
Failure to provide prior notification to the owner of changed conditions pursuant to § 18-535 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 owner timely access to the facility premises
and records.
G.
Failure to meet effluent limitations or violation of any requirement
set forth in an applicable pretreatment law, ordinance, regulation
or rule.
H.
Failure to pay fines.
I.
Failure to pay sewer charges.
J.
Failure to meet compliance schedules.
K.
Failure to complete a wastewater survey or 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 user are void upon the issuance of
a new wastewater discharge permit to that user.
[Ord. 2012-02, 7/5/2012, § 5.7]
Unless otherwise provided by the owner, a user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 18-521 of this Part, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.
