The Department will evaluate the data provided by the industrial user and may require additional information. Within 90 days of receipt of a complete industrial discharge permit application, the Department will determine whether or not to issue an industrial discharge permit. The Department may deny any application for an industrial discharge permit, with just cause.
An industrial discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An industrial discharge permit may be issued for a period less than these intervals at the discretion of the Department. Each industrial discharge permit will indicate a specific date upon which it will expire. Industrial discharge permits shall be terminated upon cessation of operations or transfer of business ownership, unless notification of such transfer is provided in accordance with § 435-6.6 of this regulation. All industrial discharge permits issued to a particular user are void upon the issuance of a new industrial discharge permit to that user.
An industrial discharge permit shall include such conditions as are deemed reasonably necessary by the Department to prevent pass-through or interference, protect the quality of the water body receiving the treatment facility's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the POTW.
A.
Industrial discharge permits shall contain:
(1)
A statement that indicates industrial discharge permit duration, which in no event shall exceed five years;
(2)
A statement that the industrial discharge permit is nontransferable without prior notification to the Town in accordance with § 435-6.6 of this regulation, and provisions for providing the new owner or operator with a copy of the existing industrial discharge permit;
(3)
Effluent limitations based on applicable pretreatment standards and requirements;
(4)
Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants requiring pollution prevention reports and, for pollutants to be monitored, the following: sampling location, sampling frequency and sample type based on this regulation, and state and federal laws, rules and regulations;
(5)
For users with reporting requirements, such reports at a minimum shall require:
(a)
Periodic monitoring results indicating the nature and concentration of pollutants in the discharge from the regulated processes governed by pretreatment requirements and the average and maximum daily flow for these process units;
(b)
A statement as to whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, then what additional operation and maintenance practices and/or pretreatment systems are necessary; and
(c)
Submission of any monitoring results performed in addition to the requirements of the industrial discharge permit using procedures prescribed in the permit.
(6)
A description of identified pollution prevention opportunities at the facility;
(7)
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. This schedule may not extend the time for compliance beyond that required by this regulation, applicable state and federal laws, rules and regulations.
(8)
A statement that compliance with the industrial discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those that become effective during the term of the industrial discharge permit.
B.
Industrial discharge permits may contain, but need not be limited to, the following conditions:
(1)
Limitations 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 POTW;
(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 pollution prevention 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)
Other conditions as deemed appropriate by the Department to ensure compliance with this regulation, and state and federal laws, rules and regulations.
Any person, including the user, may petition the Department to reconsider the terms of an industrial 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 appellant user must indicate the industrial discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the industrial discharge permit.
C.
The effectiveness of the industrial discharge permit shall not be stayed pending the appeal.
D.
If the Department fails to act within 30 days, a request for reconsideration shall be deemed to be denied.
E.
Aggrieved parties may appeal the conditions of the industrial discharge permit.
The Department may modify an industrial 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 industrial 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 Town's personnel, or the water quality in the receiving waters;
E.
Violation of any terms or conditions of the industrial discharge permit;
F.
Misrepresentations or failure to fully disclose all relevant facts in the industrial 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 industrial discharge permit; or
I.
To reflect a transfer of the facility ownership or operation to a new owner or operator.
Industrial discharge permits may be transferred to a new owner or operator only if the permittee provides at least 60 days' advance notice to the Department, and the Department approves the industrial discharge permit transfer.
A.
The notice to the Department shall include a written certification by the new owner or operator that:
(1)
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes that generate wastewater to be discharged to the POTW;
(2)
Identifies the specific date on which the transfer is to occur; and
(3)
Acknowledges full responsibility for complying with the existing industrial discharge permit.
B.
Failure to provide advance notice of a transfer shall render the industrial discharge permit void as of the date of facility transfer.
A.
A user with an expiring industrial discharge permit shall apply for reissuance of the industrial discharge permit by submitting a complete permit application, in accordance with § 435-6.7 of this regulation, a minimum of 90 days prior to the expiration of the user's existing industrial discharge permit. Under no circumstances shall the permittee continue to discharge without an effective permit.
B.
An expired permit will continue to be effective and enforceable until the permit is reissued if:
(1)
The industrial user has submitted a complete permit application at least 90 days prior to the expiration date of the user's existing permit; and
(2)
The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the industrial user.
A.
If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Department shall enter into an intermunicipal agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection A above, the Department shall request the following information from the contributing municipality:
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 regulation that is at least as stringent as this regulation, and local limits that ensure that the pollutant loadings allocated to the contributing municipality are not exceeded. The requirement shall specify that such regulation and local limits shall be revised as necessary to reflect changes made to the Town's regulation or revisions to the loadings allocated to the contributing municipality;
(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 industrial discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality, which of these activities will be conducted by the Department, and which of these activities will be conducted jointly by the contributing municipality and the Department;
(4)
A requirement for the contributing municipality to provide the Department with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5)
Limitations 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 Department's 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 Department; and
(8)
A provision specifying remedies available for breach of the terms contained within the agreement.
D.
Intermunicipal agreements shall be subject to approval by MADEP.