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 of less than five years, at the discretion of the Superintendent.
Each wastewater discharge permit will indicate a specific date upon
which it will expire.
A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the Superintendent
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 not more than five years;
(2) A statement that the wastewater discharge permit is nontransferable without prior modification to the Town in accordance with §
146-64, 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,
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 fines 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) Requirements, if determined by the Superintendent
to be necessary, to prevent the discharge of slug discharges.
B. Wastewater discharge permits may contain, but need
not be limited to, the following 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;
(8) A statement that the user must allow the Town's authority,
the Superintendent or his designee to enter on the premises for the
purposes of enforcing the conditions of the permit and enforcing this
Part 2;
(9) Best management practices and such other requirements
to assure that the industrial user activities do not otherwise cause
a nuisance (e.g., objectionable odor), pose a threat to human health
and the environment or otherwise interfere with the health, safety,
peace, comfort or convenience of the general community;
(10)
The Town may impose discharge effluent limitations
in any manner it deems appropriate addressing, among other things,
mass, concentration, frequency of discharge, percentage removal, averaging
periods, daily maxima periods, instantaneous maxima limits, BMPs and/or
any other permitting approaches; and
(11)
Other conditions as deemed appropriate by the
Superintendent to ensure compliance with this chapter and local, state
and federal laws, rules and regulations.
The Superintendent may provide public notice
of the proposed issuance of or modification of a wastewater discharge
permit. Any person, including the user, may petition the Town Council
to reconsider the terms of a wastewater discharge permit within 30
days of its issuance or modification.
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. Written decisions by the Town Council 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.
E. The permittee may request that the Town modify a wastewater
discharge permit or the Town may otherwise decide, without any request,
to modify a permit. The request for a permit modification does not
stay any permit conditions pending the Town's response to such request.
When a permit is modified, only the conditions subject to modification
are reopened and subject to appeal.
F. Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a timely complaint in a court of competent jurisdiction.
The Superintendent 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 Town's POTW, Town personnel, or the receiving
waters or information indicating that activities on the industrial
user site is a nuisance or otherwise interferes with the health, safety,
peace, comfort or convenience of the general community;
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 or
operation to a new owner or operator.