[Ord. 3514 § 1, 1998; Ord. 3698 § 1(5.1), 2012]
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.
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 (1) the discharger filed a timely complete application and (2) 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. 3514 § 1, 1998; Ord. 3698 § 1(5.2), 2012]
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 MMC 912.28, 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;
(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 MMC 912.06(H);
(7) 
Requirements to control slug discharge, if determined by the owner to be necessary; and
(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; and
(10) 
Other conditions as deemed appropriate by the owner to ensure compliance with this article, and state and federal laws, rules, and regulations.
[Ord. 3514 § 1, 1998; Ord. 3698 § 1(5.3), 2012]
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 (E) of this section. 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 (E) of this section. Decisions by the owner on the petition within 60 days shall be considered final administrative actions for purposes of subsection (E) of this section.
(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. 3514 § 1, 1998; Ord. 3698 § 1(5.4), 2012]
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;
(I) 
To reflect a transfer of the facility ownership or operation to a new owner or operator, as provided in MMC 912.28; or
(J) 
Any cause set forth in MMC 912.29.
[Ord. 3514 § 1, 1998; Ord. 3698 § 1(5.5), 2012]
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; and
(D) 
Any other information requested by the owner.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
[Ord. 3514 § 1, 1998; Ord. 3698 § 1(5.6), 2012]
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 MMC 912.35;
(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; or
(M) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.
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. 3514 § 1, 1998; Ord. 3698 § 1(5.7), 2012]
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 MMC 912.21, a minimum of 90 days prior to the expiration of the user’s existing wastewater discharge permit.