The Director will evaluate the data provided by the industrial user and may require additional information. Upon approval of the application by the Director, if required, an Industrial Wastewater Indirect Discharge Request will be submitted by the Town to NHDES on behalf of the user. All applicable NHDES review fees shall be provided by the user. Within thirty (30) days of receipt of a complete permit application, or ninety (90) days in the case of an application for a new or increased discharge requiring review and approval by NHDES, the Director will determine whether or not to issue a permit. The Director may deny any application for a permit with just cause. An Industrial Discharge Permit approval shall be based on and apply only to the subject application and all associated plans and supporting information submitted.
An Industrial Discharge Permit shall be issued for a specified time period to be determined by the Town, and in no event, shall exceed three (3) years.
An Industrial Discharge Permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the POTW's effluent, protect human health and safety, facilitate biosolids management and disposal, and protect against damage to the POTW. All industries discharging into public sewer shall monitor their discharges as the Board or duly authorized Town employees may reasonably require. This includes the installation, maintenance, and recording of the results of the monitoring. Such records shall be made available upon request by the Board to other agencies having jurisdiction over the discharges into receiving waters.
A.
Permits shall contain:
1.
A statement that indicates date of permit issuance, and permit duration;
2.
A statement that the permit is non-transferable without prior notification to the Town in accordance with Section 5.6 of this Ordinance, and provisions for providing the new owner or operator with a copy of the existing permit;
3.
Identification of applicable federal categorical pretreatment standards;
4.
Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants requiring pollution prevention reports. For pollutants to be monitored, those requirements shall include sampling locations, sampling frequencies, and sample types based on this Ordinance, and State and Federal laws, rules and regulations;
5.
Effluent limits based on the requirements of this Ordinance;
6.
For users with reporting requirements, such reports at a minimum shall require:
i.
Periodic monitoring results indicating the nature and concentration of pollutants in the discharge from the regulated processes governed by the permit and the average and maximum daily flow for those process units;
ii.
A statement as to whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, identification of additional operation and maintenance practices and/or pretreatment systems that are necessary;
iii.
Submittal of any monitoring results performed in addition to the requirements of the permit using procedures prescribed in the permit.
iv.
Appropriate supporting documentation from items (i) through (iii) above.
7.
A description of identified pollution prevention opportunities at the facility;
8.
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements; and
9.
Any applicable compliance schedules. The schedule(s) may not exceed the time for compliance beyond that required by this Ordinance, applicable State and Federal Laws, rules and regulations.
10.
A description of when and how to file a permit renewal application.
B.
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 non-routine discharges;
4.
Development and implementation of pollution 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 discharge to the POTW. In accordance with this Ordinance, a surcharge may be imposed for excessive discharges of the conventional pollutants BOD and/or TSS.
6.
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
7.
A statement that compliance with the 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 permit; and
8.
Other conditions as deemed appropriate by the Director to ensure compliance with this Ordinance, and State and Federal Laws, rules, and regulations.
A.
Any person, including the user, may petition the Director to reconsider the terms of a permit within thirty (30) days of notice of its issuance.
B.
Failure to submit a petition within thirty (30) days for review shall be deemed to be a waiver of the administrative appeal.
C.
In its petition, the appealing user must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the permit.
D.
The effectiveness of the permit shall not be stayed pending the appeal.
E.
If the Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied.
F.
The aggrieved party shall have the right to appeal to the Board of Selectmen in accordance with Section 14.2 of this Ordinance, provide that said appeal is entered within thirty (30) calendar days from the issuance of the decision of the Director.
G.
Decisions by the Board of Selectman not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions.
The Director may modify a 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 permit issuance;
C.
To address a change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D.
Upon receipt of information indicating the permitted discharge poses a threat to the Town POTW, Town personnel, or the water quality in the receiving waters;
E.
Violation of any terms or conditions of the permit;
F.
Misrepresentations or failure to fully disclose all relevant facts in the permit application or in any required reporting;
G.
Revision of a grant of variance from categorical pretreatment standards pursuant to 4 CFR 403.13;
H.
To correct typographical or other errors in the 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 sixty (60) days advance notice to the Director, and the Director approves the Industrial Discharge Permit transfer. The notice to the Director shall include a written certification by the new owner or operator that:
A.
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;
B.
Identifies the specific date on which the transfer is to occur; and
C.
Acknowledges full responsibility for complying with the existing permit.
Failure to provide the required advance notice of a transfer renders the permit void as of the date of the facility transfer. |
The Director may revoke a permit for good cause as described in Section 10.8.
A user with an expiring permit shall apply for reissuance of the permit by submitting a complete permit application, in accordance with Section 4.7 of this Ordinance, a minimum of sixty (60) days prior to the expiration of the user's existing permit. Under no circumstances shall the permittee continue to discharge without an effective permit. An expired permit will continue to be effective and enforceable until the permit is reissued if:
A.
The industrial user has submitted a complete permit application at least sixty (60) days prior to the expiration date of the user's existing permit, and
B.
The failure to reissue the permit, prior to expiration of the previous permit, is not due to the act or failure to act on the part of the industrial user.
A.
If another municipality contributes wastewater to the POTW via a direct connection to a public or private sewer which discharges to the POTW, the Town may enter into an intermunicipal agreement with the contributing municipality in accordance with RSA 53-A.
B.
Intermunicipal agreements shall be subject to approval by NHDES and the New Hampshire State Attorney General.
C.
Intermunicipal contributions of wastewater and intermunicipal agreements require Town Meeting approval.