City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
A wastewater discharge permit shall be issued for a specified time period, not to exceed five years. Each wastewater discharge permit shall state the specific date upon which it shall expire.
Wastewater discharge permits shall include, but are not limited to, such conditions as are reasonably deemed necessary by the Director 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 shall, at a minimum, contain:
(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 approval by the City in accordance with § 553-38 of this chapter and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) 
Effluent limits 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, or local law; and
(5) 
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, and local law.
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;
[Amended 11-18-2013 by Ord. No. 1563]
(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 industrial 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 and local pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
(8) 
Other conditions as deemed appropriate by the Director to ensure compliance with this chapter and local, state and federal laws, rules, and regulations.
Any aggrieved person, including the user, may petition the Director to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.
A. 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. A timely petition for review shall be a prerequisite to an aggrieved person's appeal to a court of competent jurisdiction.
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 Director fails to allow the request within 15 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 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 Superior Court for the Commonwealth of Massachusetts within 30 days after notice of any action or refusal to act.
The Director may modify a wastewater discharge permit upon his own initiative or upon the petition of an aggrieved person within 30 days of issuing of the underlying 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 City's POTW, City personnel, the public, 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.
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 Director and the Director approves in writing the wastewater discharge permit transfer.
A. 
The notice to the Director shall 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;
(3) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit; and
(4) 
Includes such additional information as the Director deems necessary.
[Amended 11-18-2013 by Ord. No. 1563]
B. 
Failure to provide advance notice of a transfer renders the wastewater discharge permit void on the date of facility transfer.
A. 
The Director may revoke a wastewater discharge permit for good cause, including but not limited to the following reasons:
(1) 
Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the City of changed condition pursuant to § 553-46 of this chapter;
(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 Director 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 to the Director 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 chapter.
B. 
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership in the absence of prior approval by the Director. All wastewater discharge permits are void upon 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 § 553-31 of this chapter, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.
A. 
Another municipality, or user located within another municipality, may only contribute wastewater to the POTW if the municipality first has entered into an interim agreement with the City.
B. 
Prior to entering into an agreement required by Subsection A above, the Director shall request the following information from the contributing municipality:
(1) 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
(2) 
An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(3) 
Such other information as the Director may deem necessary.
C. 
An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1) 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in § 553-20 of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to this chapter or local limits;
(2) 
A requirement that the contributing municipality submit a revised user inventory on at least an annual basis;
(3) 
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, shall be conducted by the contributing municipality; which of these activities shall be conducted by the Director; and which of these activities shall be conducted jointly by the contributing municipality and the Director;
(4) 
A requirement for the contributing municipality to provide the Director with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) 
Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
(6) 
Requirements for monitoring the contributing municipality's discharge;
(7) 
A provision ensuring the Director 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 Director; and
(8) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.