General Conditions for Septage Receiving

A. Severability 
The provisions of a permit are severable, and if any provision of a permit, or the application of any provision of a permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of the permit, shall not be affected thereby.  

B. Duty to Comply
Permittees must comply with all conditions of a permit.  Failure to comply with the requirements of a permit may be grounds for administrative action, or enforcement proceedings including civil or criminal penalties, injunctive relief, and summary abatements. 

C. Duty to Mitigate
Permittees shall take all reasonable steps to minimize or correct any adverse impact to the public treatment plant or the environment resulting from noncompliance with their permit, or any other federal, State, or local laws, ordinances or standards.

D. Permit Modification and Termination
Permits may be modified or terminated for good causes including, but not limited to, the following: 
a.  To incorporate any new or revised Federal, State, or local laws, standards, ordinances or requirements. 
b.  A change in any condition in either the septage hauler or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge. 
c.  Violation of any terms or conditions of a permit. 
d.  Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting. 
e.  Revision of or a grant of variance from any federal, State, or local laws, standards, or ordinances. 
f.  To correct typographical or other errors in a permit. 
g.  To reflect transfer of the facility ownership and/or operation to a new owner/operator. 
h.  Upon request of a permittee, provided such request does not create a violation of any applicable requirements, standards, laws, ordinances or rules and regulations. 
i.  Falsifying any reports. 
j.  Refusing to allow timely access to the facility premises and records. 
k.  Failure to pay bills and/or fines.  
l.  Failure to meet compliance schedules.
The filing of a request by a permittee for a permit modification, revocation and re?issuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 

E.  Permit Appeals 
Permittees may petition to appeal the terms of a permit within thirty days of permit reception. This petition must be in writing; failure to submit a petition for review shall be deemed to be a waiver of the appeal.  In its petition, the permittee must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to be placed in the permit.
   
The effectiveness of a permit shall not be stayed pending a reconsideration by the Board. If, after considering the petition and any arguments put forth by the Director, the Board determines that reconsideration is proper, it shall remand the permit back to the Director for re?issuance. Those permit provisions being reconsidered by the Director shall be stayed pending re?issuance. A Board of Director's decision not to reconsider a final permit shall be considered final administrative action for purposes of judicial review. 

F.  Property Rights 
The issuance of a permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any violation of federal, State, or local laws or regulations. 

G. Limitation on Permit Transfer 
Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Director: 
     a.  The permittee must give at least thirty days advance notice to the Director 
     b.  The notice must include a written certification by the new owner which: 
          i.   States that the new owner has no immediate intent to change the facility's operation or discharge. 
          ii.  Identifies the specific date on which the transfer is to occur. 
          iii. Acknowledges full responsibility for complying with the exiting permit. 

H.  Duty to Reapply 
If a permittee wishes to continue an activity regulated by this permit after the expiration date of a permit, the permittee must submit an application for a new permit at least ninety days prior to permit expiration.   

I.  Continuation of Expired Permits 
An expired permit will continue to be effective and enforceable until the permit is reissued if: 
a.  The permittee has submitted a complete permit application at least ninety days prior to the expiration date of the existing permit. 
b.  The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the permittee. 

J. Retention of Records 
All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the YCUA, or any other federal, State or local governing agency, shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.   

K. Falsifying Information 
Knowingly making any false statement on any report or other document required by a permit or knowingly rendering any monitoring device or method inaccurate, is a crime and may result in the imposition of criminal sanctions and/or civil penalties.   

L. Planned Changes 
Permittees shall give thirty days’ notice, to the YCUA, of any truck modifications, truck volumes or truck fleet changes which result in new or substantially increased discharges, or if there is a change in the nature of the discharge. 

M. Anticipated Noncompliance 
Permittees shall give advance notice to YCUA of any planned changes that may result in noncompliance with permit requirements. 

N. Duty to Provide Information 
Permittees shall furnish to the YCUA, within ten (10) days any information which the YCUA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating a permit, or to determine compliance with a permit. The permittee shall also, upon request, furnish to the YCUA within ten days copies of any records required to be kept by a permit.   

O. Signatory Requirements 
All applications, reports, or information submitted to the YCUA must contain the following certification statement and be signed by the owner(s) of the permitted entity.   

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.  Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.  I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 

P. Civil and Criminal Liability 
Nothing in a permit shall be construed to relieve the permittee form civil and/or criminal penalties for noncompliance under sewer use ordinance or State or Federal laws or regulations.   

Q. Penalties for Violations of Permit Conditions 
The Sewer Use Ordinance provides that any person who violates a permit condition may be subject to a civil penalty of $1000 per day of such violation.  Any person who willfully or negligently violates permit conditions is subject to criminal penalties of a fine of up to $500 per day of violation, or by imprisonment up to 90 days, or both.  The permittee may also be subject to sanctions under State and/or federal law.   

R. Recovery of Costs Incurred 
In addition to civil and criminal liability, permittees violating any of the provisions of a permit or Sewer Use Ordinance or causing damage to or otherwise inhibiting the YCUA wastewater disposal system shall be liable to the YCUA for any expense, loss, or damage caused by such violation or discharge. YCUA shall bill the permittee for the costs incurred by the YCUA for any cleaning, repairing, or replacement work caused by the violation or discharge.  Refusal to pay the assessed costs shall constitute a separate violation of the Sewer Use Ordinance.