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.
A. 
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 90 days' advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent 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 Superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) 
Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the Superintendent of changed conditions pursuant to § 146-71;
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) 
Falsifying self-monitoring reports;
(5) 
Tampering with monitoring equipment;
(6) 
Refusing to allow the Superintendent 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;
(13) 
Activities at the industrial user site are a nuisance or otherwise interfere with the health, safety, peace, comfort or convenience of the general community; or
(14) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
B. 
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.
A. 
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 146-57, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit unless a shorter time is agreed to by the Superintendent.
B. 
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 the industrial user filed a timely application that is complete, and the wastewater discharge permit, through no fault of the industrial user, is not reissued with an effective date on or before the expiration date of the existing permit.