[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:
A. 
Comply forthwith.
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.
B. 
To take the evidence.
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.
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.
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.