Wastewater discharge permits shall be issued
for a specified time period, not to exceed five years. A wastewater
discharge permit may be issued for a period less than five years,
at the discretion of the Commissioners. Each wastewater discharge
permit will indicate a specific date upon which it will expire.
Wastewater discharge permits shall include such
conditions as are reasonable and deemed necessary by the Commissioners
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, protect
ambient air quality 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
Town, and provisions for furnishing the new owner or operator with
a copy of the existing wastewater discharge permit.
(3) Effluent limits applicable to the user based on applicable
standards in federal, state and local law.
(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.
(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:
(1) Limits on the average and/or maximum rate of discharge,
time of discharge and/or requirements for flow regulation and equalization.
(2) Limits on the instantaneous, daily and monthly average
and/or maximum concentration, mass or other measure of identified
wastewater pollutants or properties.
(3) 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.
(4) Development and implementation of spill control plans
or other special conditions, including management practices necessary
to adequately prevent accidental, unanticipated or routine discharges.
(5) Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW.
(6) The unit charge or schedule of industrial user charges
and fees for the management of the wastewater discharge to the POTW.
(7) Requirements for installation and maintenance of inspection
and sampling facilities and equipment.
(8) 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.
(9) Other conditions as deemed appropriate by the Commissioners
to ensure compliance with this chapter, and state and federal laws,
rules and regulations.
Any person, including the industrial user, may
petition the Town to reconsider the terms of a wastewater discharge
permit within 45 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. If the Town fails to act within 45 days of receipt
of the petition, 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 action for
purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the Court of Chancery of the State of Delaware,
in and of Sussex County.
A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with §
190-34 a minimum ninety (90) days prior to the expiration of the industrial user's existing wastewater discharge permit.
In the event another municipality contributes
all or a portion of its wastewater to the POTW, the POTW 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 industrial users discharging to
the municipality.
(3) Such other information as may be required by the Commissioners.
B. A municipal wastewater discharge permit may 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
2 and local limits which are at least as stringent as those set out in §
190-18.
(2) A requirement for the municipal user to submit a revised
industrial user inventory on at least an annual basis.
(3) A requirement for the municipal user to authorize
the POTW to take or conduct such activities on its behalf.
(4) A requirement for the municipal user to provide the
town 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.
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 Articles
X through
XII.