The TRRWA and Member Entity may issue a Wastewater Discharge Permit for a period of up to five (5) years from its effective date. Each Wastewater Discharge Permit will indicate its expiration date.
WasteWastewater Discharge Permit Contentswater Discharge Permits will include conditions the Plant Superintendent and Member Entity deem necessary to carry out the goals of the pretreatment program (Section 1.1), federal and state regulations, and the requirements of this Policy.
A.
Wastewater Discharge Permits will contain:
1.
The permit issuance date, expiration date, and effective date;
2.
A statement that the Wastewater Discharge Permit is nontransferable without prior notification to the Plant Superintendent and the Member Entity in accordance with Section 5.5 of this Policy, 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.
The pollutants to be monitored and specific monitoring requirements. This includes the sampling location(s), sampling frequencies, and sample types consistent with federal, state, and local law. (See Section 2.3);
5.
Requirements to submit certain reports (as reflected in Section 6), provide various notifications, keep records, and implement Best Management Practices;
6.
The process to be used to request a waiver from monitoring for a pollutant neither present nor expected to be present in the Discharge;
7.
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;
8.
Requirements to control slug discharges, including to develop, update, and implement slug discharge control plans (find required content in Section 3.3) where the Plant Superintendent determines such plans are important to preventing accidental, unanticipated, or non-routine discharges;
9.
Any monitoring which has been conditionally waived but which will automatically apply any time the requirements of the conditional waiver are not met; and
10.
Reapplication requirements.
B.
Wastewater Discharge Permits may contain, but need not be limited to, the following conditions:
2.
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
3.
Requirements to install pretreatment technology, pollution controls, or to construct appropriate containment devices to reduce, eliminate, or prevent the introduction of pollutants into the POTW;
4.
Requirements to develop and implement waste minimization plans to reduce the amount of pollutants discharged to the POTW;
5.
Requirements to pay charges or fees for discharge to the POTW, including high strength charges;
6.
Requirements to install and maintain inspection and sampling facilities and equipment, including flow measurement devices;
7.
Notice 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 Plant Superintendent and the Member Entity to ensure compliance with this Policy, and state and federal and local laws, rules, and regulations.
A.
A User may petition the TRRWA Board to reconsider the terms of a Wastewater Discharge Permit within thirty (30) days of notice of its issuance.
B.
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
C.
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.
D.
The effectiveness of the Wastewater Discharge Permit shall not be stayed pending the appeal.
E.
If the TRRWA Board fails to act within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a Wastewater Discharge Permit, not to issue a Wastewater Discharge Permit, or not to modify a Wastewater Discharge Permit shall be considered final administrative actions for purposes of judicial review.
F.
Aggrieved parties seeking judicial review of the final administrative Wastewater Discharge Permit decision must do so by filing a complaint with the Superior Court of Cowlitz County within sixty (60) days of the final administrative action.
The Plant Superintendent and Member Entity 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 including new or revised local limits;
B.
To address new or changed operations, processes, production rates, waste streams, or changes in water volume or character;
C.
To reflect conditions at the POTW requiring an authorized discharge to be reduced or curtailed. Such requirements may be either temporary or permanent;
D.
Based on information indicating that a permitted discharge poses a threat to the POTW, the receiving waters, or will violate a prohibition of this Policy;
E.
To address erroneous or incomplete information contained in the Wastewater Discharge Permit Application or in any required report;
F.
To address misrepresentations or failure to fully disclose all relevant facts in the Wastewater Discharge Permit Application or in any required report;
G.
To incorporate revisions based on a variance from Categorical Pretreatment Standards approved pursuant to 40 CFR Part 403.13;
H.
To correct typographical or other errors in the Wastewater Discharge Permit;
Wastewater Discharge Permits may be transferred to a new owner or operator contingent upon the permitted User providing at least thirty (30) days advance written notice to the Plant Superintendent and Member Entity. The notice to the Plant Superintendent and Member Entity must include a written certification by the new owner or operator that:
The Plant Superintendent and/or Member Entity may revoke a Wastewater Discharge Permit for cause, including, but not limited to, when a User has:
A.
Failed to notify the Plant Superintendent of significant changes to the wastewater prior to the changed Discharge;
B.
Failed to provide prior notification to the Plant Superintendent of changed conditions pursuant to Section 6.2 of this Policy;
C.
Misrepresented or failed to fully disclose all relevant facts in the Wastewater Discharge Permit Application;
D.
Falsified self-monitoring reports or tampered with monitoring equipment;
E.
Refused to allow the Plant Superintendent or Member Entity timely access to the facility premises and records;
F.
Failed to meet effluent limitations or permit conditions;
G.
Failed to pay applicable fines or sewer charges;
H.
Failed to meet compliance schedule deadline dates;
I.
Failed to complete a Wastewater Survey or Wastewater Discharge Permit Application;
J.
Failed to provide advance notice of the transfer of business ownership;
K.
Violated any pretreatment standard or requirement, or any terms of the Wastewater Discharge Permit or this Policy;
L.
Ceased operations; or
M.
Transferred business ownership without proper notification to the Plant Superintendent and Member Entity.
Revocation of a Wastewater Discharge Permit, as provided in this section, may be effected only after the permit holder has been given a written Notice of Intent to Revoke at least 30 days in advance of such revocation, and the permit holder has failed to correct the reason for revocation prior to the date of intended revocation. A Notice of Intent to Revoke shall state the reason for such revocation, shall state the date of intended revocation, and shall be delivered to the Authorized or Duly Authorized Representative of the User.
A User with an expiring Wastewater Discharge Permit shall apply for Wastewater Discharge Permit reissuance by submitting a complete permit application, in accordance with Section 4.5 of this Policy, a minimum of ninety (90) days prior to the expiration of the User's existing Wastewater Discharge Permit.