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 POTW-TP. 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 POTW-TP 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 the wastewater discharge permit issuance date, expiration date and effective date;
(2) 
A statement that the wastewater discharge permit is nontransferable without prior notification to the POTW-TP or MTMSA in accordance with § 187-26 of this Part 1, 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 (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.
(5) 
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 187-33 of this Part 1.
(6) 
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.
(7) 
Requirements to control slug discharge, if determined by the POTW-TP to be necessary.
(8) 
Any grant of the monitoring waiver by the POTW-TP (per § 187-33 of this Part 1) must be included as a condition in the user's permit (or other control mechanism).
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, including flow measurement devices;
(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; and
(8) 
Other conditions as deemed appropriate by the POTW-TP to ensure compliance with this Part 1, and state and federal laws, rules, and regulations.
A. 
The POTW-TP and/or the MTMSA shall provide public notice of the issuance of a wastewater discharge permit for a significant industrial user and for an industry requiring categorical and pretreatment standards. All other wastewater discharge permits issued by the POTW-TP and/or MTMSA are for the convenience of the POTW-TP and/or MTMSA and are available for public inspection at the POTW-TP and/or MTMSA offices during normal business hours. Any person, including the user, may petition the POTW-TP and/or MTMSA to reconsider the terms of any wastewater discharge permit within 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 POTW-TP fails to act within 30 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 Court of Common Pleas of Montgomery County, Pennsylvania, within the period prescribed by Pennsylvania's Local Agency Law, 2 Pa.C.S.A. § 105, et seq.
The POTW-TP 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 the 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 POTW, the POTW-TP, POTW or POTW-TP personnel, or the receiving waters;
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 where requested in accordance with § 187-26 of this Part 1.
A. 
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days' advance notice to the POTW-TP and the POTW-TP approves the wastewater discharge permit transfer. The notice to the POTW-TP must include a written certification by the new owner or operator which:
(1) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) 
Identifies the specific date on which the transfer is to occur; and
(3) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
B. 
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
A. 
The POTW-TP may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) 
Failure to notify the POTW-TP of significant changes to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the POTW-TP of changed conditions pursuant to § 187-34 of this Part 1;
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) 
Falsifying self-monitoring reports and certification statements;
(5) 
Tampering with monitoring equipment;
(6) 
Refusing to allow the POTW-TP or MTMSA timely access to the facility premises and records;
(7) 
Failure to meet effluent limitations;
(8) 
Failure to pay fines;
(9) 
Failure to pay sewer charges;
(10) 
Failure to meet compliance schedules;
(11) 
Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Part 1.
B. 
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that 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 § 187-19 of this Part 1, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit, unless a different time frame is set forth in the user's permit.
A. 
Pursuant to the Pennsylvania Pretreatment Works Penalty Law (Act 9 of 1992),[1] the POTW-TP reserves the right to regulate waste entering the POTW regardless of its point of origin.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
B. 
Each municipality which utilizes the POTW-TP shall:
(1) 
Adopt a sewer use ordinance which is at least as stringent as this Part 1 and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 187-8 of this Part 1. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the POTW-TP ordinance or local limits;
(2) 
Enforce its respective sewer use ordinances with respect to the discharges within each of its jurisdictions. The enforcement of a particular municipality's sewer use ordinance shall be a joint and cooperative effort between the municipality which utilizes the POTW, and staff from the POTW-TP and/or the municipality with primary responsibility for the POTW treatment plant operations and MTMSA. The POTW-TP and the municipality with primary responsibility for the POTW-TP operations reserve all rights which they may have to either undertake enforcement pursuant to the Pennsylvania Pretreatment Works Penalty Law, and/or to seek enforcement of any intermunicipal agreement which may require the cooperation of the municipality which fails or refuses to act.
(3) 
Submit a revised user inventory on at least an annual basis;
(4) 
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by POTW-TP; and which of these activities will be conducted jointly by the contributing municipality and POTW-TP;
(5) 
Provide the POTW-TP with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(6) 
Mandate limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
(7) 
Include requirements for monitoring the contributing municipality's discharge; and
(8) 
Provide the POTW-TP access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the POTW-TP.