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 control authority.
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 control
authority 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;
(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;
(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 § 117-101B;
(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 control authority to be necessary; and
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; and
(8)
Other conditions as deemed appropriate by the control
authority to ensure compliance with this Part 5 and state and federal
laws, rules, and regulations.
The control authority shall provide public notice
of the issuance of a wastewater discharge permit. Any person, including
the user, may petition the control authority 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 control authority 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.
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 Common Pleas of Montgomery County
within 30 days of the final administrative wastewater discharge permit
decision.
The control authority 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 POTW, Lower Perkiomen Valley Regional Sewer
Authority 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.
A.
Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without approval
of the control authority. Any succeeding owner or user shall also
comply with the terms and conditions of the existing permit, as well
as any additional terms and conditions which may be required as a
result of the proposed transfer.
B.
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 control authority and it approves the wastewater
discharge permit transfer. The notice to the control authority must
include a written certification by the new owner or operator which:
D.
Failure to provide advance notice of a transfer renders
the wastewater discharge permit void as of the date of facility transfer.
A.
The control authority may revoke a wastewater discharge
permit for good cause, including, but not limited to, the following
reasons;
(1)
Failure to notify the control authority of significant
changes to the wastewater prior to the changed discharge;
(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 control authority or its designated
representative 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 5.
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 user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application to the control authority, in accordance with § 117-87 of this Part 5, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. It is the responsibility of the user to request a permit application form no less than 120 days prior to the expiration of the existing permit. The application shall include calibration reports on flow-monitoring devices used during the term of the prior permit.
A.
If a municipality or user located within another municipality,
contributes wastewater to the POTW, the Lower Perkiomen Valley Regional
Sewer Authority as control authority shall enter into an intermunicipal
agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection A above, the control authority shall request the following information from the contributing municipality:
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 Part 5 and local limits, including baseline monitoring reports (BMRs), which are at least as stringent as those set out in § 117-77 of this Part 5. The requirement shall specify that such ordinance and local limits must be revised as necessary to reflect changes made to the Lower Perkiomen Valley Regional Sewer Authority's resolution or local limits;
(2)
A requirement for the contributing municipality to
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, will be conducted by the contributing
municipality; which of these activities will be conducted by the control
authority; and which of these activities will be conducted jointly
by the contributing municipality and the control authority;
(4)
A requirement for the contributing municipality to
provide the control authority 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 control authority, or its
designated representative, 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 control authority; and
(8)
A provision specifying remedies available for breach
of the terms of the intermunicipal agreement and authorizing the Lower
Perkiomen Valley Regional Sewer Authority as control authority to
take legal action to enforce the terms of the contributing municipality's
ordinance or impose and enforce pretreatment standards.
