[Ord. No. 227, 9/5/2006]
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 Township. Each wastewater
discharge permit will indicate a specific date upon which it will
expire.
[Ord. No. 227, 9/5/2006]
A wastewater discharge permit shall include such conditions
as are reasonably deemed necessary by the Township 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 the following conditions:
(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 and approval from the Township, 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 recordkeeping
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; and
(5)
A statement of applicable civil, criminal and administrative
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 special 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; and
(8)
Other conditions as deemed appropriate by the Township to ensure
compliance with this Part, and state and federal laws, rules, and
regulations.
[Ord. No. 227, 9/5/2006]
Any person, including the user, may petition the Township 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)
In the event of an appeal, the Township shall conduct a hearing and
decide the appeal as provided by administrative law and procedure.
In the event, after hearing and decision, the appealing party wishes
to make a further appeal, it may do so by filing an appropriate appeal
to the Court of Common Pleas of Berks County within 30 days of the
final order of the Township.
[Ord. No. 227, 9/5/2006]
The Township may modify the wastewater discharge permit for
good cause including, but not limited to, the following:
(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 Township's POTW, Township 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; or
(i)
To reflect a transfer of the facility ownership and/or operation
to a new owner/operator.
[Ord. No. 227, 9/5/2006]
Wastewater discharge permits may be reassigned or transferred
to a new owner and/or operator only if the permittee gives at least
60 days' advance notice to the Township and the Township approves
the wastewater discharge permit transfer. The notice to the Township
must include a written certification by the new owner and/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; and
(c)
Acknowledge 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 voidable as of the date of facility transfer.
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[Ord. No. 227, 9/5/2006]
Wastewater discharge permits may be revoked for, but not limited
to, the following reasons:
(a)
Failure to notify the Township of significant changes to the wastewater
prior to the changed discharge;
(b)
Failure to provide prior notification to the Township of a changed condition pursuant to § 23-362 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 Township timely access to the facility premises
and records;
(g)
Failure to meet effluent limitations;
(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; or
(m)
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. No. 227, 9/5/2006]
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 23-346 of this Part, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. An application fee shall be submitted along with the completed permit application in the amount as established by resolution of the Township, from time to time.
[Ord. No. 227, 9/5/2006]
In the event another municipality contributes all or a portion
of its wastewater to the POTW, the Township may require such municipality
to apply for and obtain a municipal wastewater discharge permit.
(a)
A municipal wastewater discharge permit application shall include:
(1)
A description of the quality and volume of the wastewater at
the point(s) where it enters the POTW;
(2)
An inventory of all users discharging to the municipality;
(3)
Such other information as may be required by the Township; and
(4)
An application fee to be paid upon submitting a completed permit
application. This fee shall be established by resolution of the Township,
from time to time.
(b)
A municipal wastewater discharge permit shall contain the following
conditions:
(1)
A requirement for the municipal user to adopt a sewer use ordinance
which is at least as stringent as this Part, and local limits which
are at least as stringent as those set out in Subpart F of this Part.
Such ordinance and limits must be revised as necessary to reflect
changes made to the Township's sewer use ordinance and/or local limits;
(2)
A requirement for the municipal user to submit a revised user
inventory on at least an annual basis;
(3)
A requirement for the municipal user to conduct pretreatment
implementation activities including wastewater discharge permit issuance,
inspection and sampling, and enforcement; or authorize the Township
to take or conduct such activities on its behalf;
(4)
A requirement for the municipal user to provide the Township
with access to all information that the municipal user obtains as
part of its pretreatment activities;
(5)
Limits on the nature, quality, and volume of the municipal user's
wastewater at the point where it discharges to the POTW;
(6)
Requirements for monitoring the municipal user's discharge;
and
(7)
A provision ensuring the Township access to the facilities of
users located in the municipal user's jurisdiction for the purpose
of inspection, sampling, and any other duties deemed necessary by
the Township.
(c)
Violation of the terms and conditions of the municipal user's wastewater
discharge permit subjects the municipal user to the sanctions set
out in Subparts N through P of this Part.
[Ord. No. 227, 9/5/2006]
In the event that a commercial user contributes all or a portion
of its wastewater to the POTW, the Township may require such commercial
user to apply for and obtain a commercial wastewater discharge permit.
The Township may require a commercial user to have a discharge permit
if, in the opinion of the Township, it is necessary in order for the
Township to operate and maintain the POTW and meet its NPDES requirements.
(a)
A commercial wastewater discharge permit application shall include:
(1)
A description of the quality and volume of the wastewater at
the point where it enters the POTW.
(2)
Such information as may be required by the Township.
(3)
An application fee to be paid upon submitting a completed permit
application. This fee shall be established by resolution of the Township,
from time to time.
(b)
A commercial wastewater discharge permit may include, but not be
limited to, the following:
(c)
Violation of the terms and conditions of the commercial user's wastewater
discharge permit subjects the commercial user to the sanctions set
out in Subparts N through P of this Part.
[Ord. No. 227, 9/5/2006]
In the event that a user contributes all or a portion of its
wastewater to the POTW and the user is not considered industrial,
commercial or domestic, the Township may require such user to apply
for and obtain a special use discharge permit. The Township may require
a user to have a special use discharge permit if, in the opinion of
the Township, it is necessary in order to operate and maintain the
POTW and meet its NPDES requirements.
(a)
A special use discharge permit application shall include:
(1)
A description of the quality and volume of the wastewater at
the point where it enters the POTW.
(2)
Such information as may be required by the Township.
(3)
An application fee to be paid upon submitting a completed permit
application. This fee shall be established by resolution of the Township,
from time to time.
(b)
A special use discharge permit may include, but not be limited to,
the following:
(c)
Violations of the terms and conditions of the special use discharge
permit subjects the special user to the sanctions set out in Subparts
N through P of this Part.
