[Ord. 435, 3/17/1999, § 501; as amended by Ord.
460, 3/20/2002]
1. Notification of Violation (NOV). Whenever the Borough or DTMA finds
that a significant industrial user has violated or is violating this
Part, the significant industrial user wastewater discharge permit,
or any order, prohibition, limitation or requirement contained herein,
the Borough or DTMA may serve upon such person a written notice stating
the nature of the violation. Within 10 days of the receipt date of
this notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions,
shall be submitted to the Borough or DTMA by the significant industrial
user. If the significant industrial user fails to submit a plan within
this ten-day period, the Borough or DTMA shall develop and enforce
a plan to correct the violation in question at the significant industrial
user's expense. The provisions of this section shall not relieve
the significant industrial user of any responsibility under this Part,
statute, law, rule or regulation.
2. Cease-and-Desist Orders. When the Borough or DTMA finds that a significant
industrial user has violated or continues to violate this Part, the
significant industrial user wastewater discharge permit or order issued
hereunder, the Borough or DTMA may issue an order to cease and desist
all such violations and direct the significant industrial user in
noncompliance to:
B. Take such appropriate remedial or preventive action as may be necessary
to properly address a continuing or threatening violation, including
halting operations and terminating the discharge.
3. Compliance Order. When the Borough or DTMA finds that a significant
industrial user has violated or continues to violate this Part, the
significant industrial user waste discharge permit, or order issued
hereunder, the Borough or DTMA may issue a compliance order to the
significant industrial user responsible for the discharge directing
that, following a specific time period, sewer service shall be discontinued
unless adequate treatment facilities, devices or other related appurtenances
have been installed and properly operated. Compliance orders may also
contain other requirements as might be reasonably necessary and appropriate
to address the noncompliance, including the installation of pretreatment
technology, addition self-monitoring and management practices.
4. Consent Orders. The Borough or DTMA is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the significant industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the significant industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as compliance orders issued pursuant to Subsection
3.
5. Show Cause Orders. Notwithstanding the aforesaid enforcement provisions,
the Borough or DTMA may order any significant industrial user who
causes or allows an unauthorized discharge to enter the POTW to show
cause before the Borough or DTMA why the proposed enforcement action
should not be taken. A notice shall be served on the significant industrial
user specifying the time and place of a hearing to be held by the
Borough or DTMA regarding the violation, the reasons shy the action
is to be taken, the proposed enforcement action and directing the
significant industrial user to show cause before the Borough or DTMA
why the proposed enforcement action should not be taken. The notice
of the hearing shall be served by certified or registered mail (return
receipt requested) at least 10 days before the hearing. Service may
be made on any agent, or officer or a corporation. The Borough or
DTMA or other person designated by the Borough or DTMA shall conduct
the hearing and be authorized as follows:
A. To issue notice of hearings requesting the attendance and testimony
of witnesses and the production of evidence relevant to any matter
involved in such hearings.
C. To transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Borough for
action thereof.
At any hearing pursuant to this Part, testimony shall be under
oath and recorded stenographically. The transcript, so recorded, will
be made available to any member of the public or any part to the hearing
upon payment of the usual charges thereof. After the Borough or DTMA
has reviewed the evidence, it may issue an order to the significant
industrial user responsible for the discharge directing that, following
a specified time period, the sewer service shall be discontinued unless
adequate treatment facilities, devices or other related appurtenances
have been installed and existing treatment facilities, devices or
other related appurtenances are properly operated. Further orders
and directives deemed necessary and appropriate may be issued by the
Borough or DTMA.
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6. Administrative Fees. Notwithstanding any other section of this Part,
any significant industrial user who is found to have failed to comply
with any provision of this Part, and the orders, rules, regulations
and permits issues hereunder shall be fined an amount not to exceed
$25,000 for each violation. Each day on which a violation shall occur
or continue shall be deemed a separate and distinct offense. In addition
to the penalties provided herein, the Borough or DTMA may recover
reasonable attorney's fees, court costs, court reporter's
fees and other expenses of litigation by appropriate suit at law against
the person found to have violated this Part, or the orders, rules,
regulations and permits issued hereunder. Unpaid charges, fines and
penalties shall constitute a line against an individual user's
property. Failure of the user to appeal the penalty, fine, charge,
contesting either the fact of the violation or the amount of the penalty
within 30 days of receipt of the notice of penalty, fine, charge,
etc., will result in a waiver of user's legal rights to contest
the violation or the amount of the penalty, fine, charge, etc.
7. Emergency Suspensions.
A. The Borough or DTMA may suspend wastewater treatment service and/or
the significant industrial user wastewater discharge permit when such
suspension is necessary, in the opinion of the Borough or DTMA, in
order to stop an actual or threatened discharge which presents, or
may present, an imminent or substantial endangerment to the health
or welfare of persons or to environment, causes interference with
the POTW, or causes the POTW to violate any condition of its NPDES
permit.
B. Any significant industrial user notified of a suspension of wastewater
treatment service and/or the significant industrial user waster discharge
permit shall immediately stop or eliminate the discharge to the POTW.
In the event of a failure by the significant industrial user to comply
voluntarily with the suspension order, the Borough or DTMA shall take
steps as deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the POTW, its receiving
stream or endangerment to any individuals. The Borough or DTMA shall
reinstate the significant industrial user wastewater discharge permit
upon proof to the elimination of the noncomplying discharge by the
significant industrial user and payment of any damages, fines, penalties
or costs associated with the discharge. Further, in any event, within
48 hours after any temporary termination of service is imposed or
other action is taken, the Borough or DTMA shall either place in the
mail or personally deliver to the user a notice of termination or
other action. The suspension shall continue until such time as, in
the opinion of the Superintendent or his agent, the suspension is
no longer necessary.
C. A significant industrial user which is responsible, in whole or in
part, for imminent endangerment shall submit a detailed written report
describing the causes of the harmful contribution and the measures
taken to prevent any further occurrence to the Borough or DTMA within
five days of the date of occurrence.
8. Revocation of Permit.
A. Any significant industrial user who violates the following conditions
of this Part, or applicable state and federal regulations, is subject
to having his significant industrial user wastewater discharge permit
revoked for, but not limited to, the following changes:
(1)
Failure of the significant industrial user to factually report
the wastewater constituents and characteristics or discharge.
(2)
Failure of the significant industrial user to report significant
changes in operations or wastewater constituents and characteristics.
(3)
Refusal to permit reasonable access to the significant industrial
user's premises for the purpose of inspection, monitoring or
sampling.
(4)
Violation of the conditions of the significant industrial user
wastewater discharge permit.
B. Noncompliant significant industrial users will be notified of the proposed termination of their significant industrial user wastewater discharge permit and be offered an opportunity to show cause under Subsection
5, above, why the proposed action should not be taken.
[Ord. 435, 3/17/1999, § 502]
If any significant industrial user or other person discharges
sewage, industrial wastes or other wastes into the POTW contrary to
the provisions of this Part, federal or state pretreatment requirements,
or any order of the Borough or DTMA, the Borough or DTMA Solicitor
may commence an action for appropriate legal and/or equitable relief
in the Court of Common Pleas of Dauphin County. Some of these actions
include the following:
A. Injunctive Relief. Whenever a significant industrial user has violated
or continues to violate the provisions of this Part, the significant
industrial user wastewater discharge permit, or order issued hereunder,
the Borough or DTMA Solicitor may petition the court for the issuance
of a preliminary or permanent injunction or both, as may be appropriate,
which restrains or compels the activities on the part of the significant
industrial user. The Borough or DTMA shall have such remedies to collect
these fees as it has to collect other sewer service charges.
B. Civil Penalties. Any significant industrial user who has violated
or continues to violate this Part, and the orders, rules, regulations
and permits issued hereunder shall be liable to the Borough or DTMA
for a civil penalty of not more than $25,000 plus actual damages incurred
by the POTW per violation per day as the violation continues. In addition
to the above-described penalty and damages, the Borough or DTMA may
recover reasonable attorney's fees, court costs and other expenses
associated with the enforcement activities, including sampling and
monitoring expenses. The Borough or DTMA shall petition the court
to impose, assess and recover such sums. In determining the amount
of liability, the court shall take into account all relevant circumstances
including, but not limited to, the extent of harm caused by the violation,
the magnitude and duration, any economic benefit gained through the
significant industrial user's violation, corrective actions by
the significant industrial user, the compliance history of the significant
industrial user and any other factor as justice requires.
C. Criminal Prosecution. Any significant industrial user who willfully
or negligently violates any provision of this Part, the significant
industrial user wastewater discharge permit or order issued hereunder
shall, upon conviction, be guilty of a misdemeanor, punishable by
a fine not to exceed $25,000 per violation per day or imprisonment
for not more than one year, or both.
D. Falsifying Information. Any significant industrial user who knowingly
makes any false statement, representation or certification in any
application, record, report, plan or other document filed or required
to be maintained pursuant to this Part or significant industrial user
wastewater discharge permit, or who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required under
this Part shall, upon conviction, be punished by a fine of not more
than $25,000 per violation per day or imprisonment for not more than
one year, or both.
[Ord. 435, 3/17/1999, § 503; as amended by Ord.
460, 3/20/2002]
1. Treatment Upsets. Any significant industrial user which experiences
an upset in operations that places it in a temporary state of noncompliance,
which is not the result of operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation shall inform the Authority
thereof immediately upon becoming aware of the upset. Where such information
is given orally, a written report thereof shall be filed by the significant
industrial user within five days. The report shall contain:
A. A description of the upset, its causes and impact on the discharger's
compliance status.
B. The duration of noncompliance, including exact dates and times of
noncompliance, and if the noncompliance is continuing, the time by
which compliance is reasonably expected to be restored.
C. All steps taken or planned to reduce, eliminate and prevent recurrence
of such an upset.
A significant industrial user which complies with the notification
provision of this section in a timely manner shall have an affirmative
defense to any enforcement action brought by the Borough or DTMA for
any noncompliance with this Part, the significant industrial user
wastewater discharge permit or order issued hereunder, by the significant
industrial user, which arises out of violations attributable to and
alleged to have occurred during the period documented and verified
upset.
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2. Treatment Bypasses. A bypass of the treatment system is prohibited
unless all of the following conditions are met:
A. The bypass is unavoidable to prevent loss of life, personal injury
or severe property damage.
B. There is no feasible alternative to the bypass, including the use
of auxiliary treatment or retention of the wastewater.
C. The significant industrial user properly notifies the Authority as
described in this section.
Significant industrial users must provide immediate notice to
the Authority upon discovery of an unanticipated bypass. If necessary,
the Borough or DTMA may require the significant industrial user to
submit a written report explaining the cause, nature and duration
of the bypass, and the steps being taken to allow a bypass to occur
which does not cause pretreatment standards or requirements to be
violated, but only if it is for essential maintenance to ensure efficient
operation of the treatment system. Significant industrial users anticipating
a bypass must submit notice to the Authority at least 10 days in advance.
The Borough or DTMA may only approve the anticipated bypass if the
circumstances satisfy those set forth in this Section.
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