[Ord. 95-07-02, 7/10/1995, § 5-5.1]
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 CNBTJSA. Each wastewater
discharge permit will indicate a specific date upon which it will
expire.
[Ord. 95-07-02, 7/10/1995, § 5-5.2]
1.
A wastewater discharge permit shall include such conditions as are
deemed reasonably necessary by the CNBTJSA 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 five years.
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the CNBTJSA in accordance with § 18-145 of this Part 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 record-keeping
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 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.
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 regulations 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 non-routine
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)
Other conditions as deemed appropriate by the CNBTJSA to ensure
compliance with this Part and state and federal laws, rules and regulations.
[Ord. 95-07-02, 7/10/1995, § 5-5.3]
1.
The CNBTJSA may provide public notice of the issuance of a wastewater
discharge permit. Any person, including the user, may petition the
CNBTJSA to reconsider the terms of a wastewater discharge permit within
30 days of notice 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 CNBTJSA fails to act within 90 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.
E.
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
in the Court of Common Pleas in the jurisdiction where the building,
structure, property or any part thereof is located, within 30 days
after the final decision.
[Ord. 95-07-02, 7/10/1995, § 5-5.4]
1.
The CNBTJSA 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 CNBTJSA POTW, personnel of the CNBTJSA or the contributing
jurisdictions 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.
I.
To reflect a transfer of the facility ownership or operation to a
new owner or operator.
[Ord. 95-07-02, 7/10/1995, § 5-5.5]
1.
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 30 days' advance
notice to the CNBTJSA and the CNBTJSA approves the wastewater discharge
permit transfer. The notice to the CNBTJSA must include a written
certification by the new owner or operator which:
2.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
[Ord. 95-07-02, 7/10/1995, § 5-5.6]
1.
The CNBTJSA may revoke a wastewater discharge permit for good cause
including, but not limited to, the following reasons:
A.
Failure to notify the CNBTJSA of significant changes to the wastewater
prior to the changed discharge.
B.
Failure to provide prior notification to the CNBTJSA of changed conditions pursuant to § 18-155 of this Part.
C.
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application.
D.
Falsifying self-monitoring reports.
E.
Tampering with monitoring equipment.
F.
Refusing to allow the CNBTJSA timely access to the facility premises
and records.
G.
Failure to meet effluent limitations.
H.
Failure to pay fines.
I.
Failure to pay sewer charges.
J.
Failure to meet compliance schedules.
K.
Failure to complete a wastewater survey or the wastewater discharge
permit application.
L.
Failure to provide advance notice of the transfer of business ownership
of a permitted facility.
M.
Violation of any pretreatment standard or requirement or any terms
of the wastewater discharge permit or this Part.
2.
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.
[Ord. 95-07-02, 7/10/1995, § 5-5.7]
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 18-136 of this Part a minimum of 60 days prior to the expiration of the user's existing wastewater discharge permit.
