[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 19-1984. Amendments noted where applicable.]
CROSS-REFERENCES
City's right to entry: see § 9-503.8.
Pursuant to the notice requirements of § 9-511.7, the City may suspend wastewater treatment and/or a discharge permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which:
[Ord. No. 20-1992]
After informal notice to halt or prevent a discharge which reasonably
appears to present an imminent endangerment to the health or welfare
of persons, the AWTF, the sewerage system or the environment, the
person responsible for the discharge shall immediately stop or eliminate
the contribution. In the event of failure of the person to cease or
cause to be ceased such contribution, the superintendent shall notify
the Director, who shall authorize any actions as deemed necessary
to halt or prevent such contribution, including immediate severance
of the sewer connection, to prevent or minimize damage to the sewerage
system and/or the AWTF, the environment or to any individuals.
The existence of any one of the following conditions may cause
the City to revoke the permit of the significant industrial user:
A.
Failure to factually report the wastewater constituents and characteristics
of a discharge;
B.
Failure to report significant changes in operations or in wastewater
constituents and characteristics;
C.
Refusal of access to the discharger's premises for the purpose
of inspecting or monitoring or determining the amount of sewer rental
payable;
D.
Failure to comply with any of the terms and conditions of a permit;
F.
Failure to pay in full any bill for sewer rental, sewer maintenance
charge, tappage fee, or any other charge or fee imposed by ordinance
or regulation within 60 days after the same becomes due and payable.
The City shall reinstate a permit and/or restore service under
the following conditions, as applicable:
A.
Demonstration to the satisfaction of the City that such significant
industrial user is now utilizing good management practices to prevent
or reduce the contribution of pollutants to the sewer system. Good
management principles include, but are not limited to, preventive
operating and maintenance practices to reduce the quantity or improve
the quality of effluent discharged and the control of plant spillage,
leaks and drainage from storage areas; and
B.
Submission to the City of proof of elimination of any noncomplying
discharge; and
C.
Submission, within 15 days of the occurrence, of a detailed report
describing the causes of the noncomplying discharge and the measures
taken to prevent any future occurrence; or
D.
Access to the premises in question for enforcement purposes is assured;
or
E.
Submission of a detailed report describing the measures taken to
ensure present and future compliance with the terms and conditions
of a permit; or
F.
Evidence of compliance with federal, state and local laws, rules
and regulations is submitted; or
G.
Payment in full of all delinquent bills, fees and charges and all
charges incurred by the City in damages or as costs of enforcement
is made.
[Ord. No. 20-1992]
Whenever the superintendent finds that any person has violated
or is violating any provisions of the chapters to which these enforcement
provisions apply, any permit issued thereunder, or any applicable
federal, state or local regulation, the superintendent or a designee
shall serve or cause to be served upon such person a written notice
stating the nature of the violation and requiring the submission,
within 30 days of the date of the notice, of a plan for the satisfactory
correction of such violation. If the violation has occurred outside
the City, the superintendent shall mail a copy of such notice to the
appropriate suburban municipality or municipal authority.
Any person affected by a notice, directive or other decision
of the superintendent may request a hearing before the Director and
present evidence of circumstances justifying reconsideration of the
decision of the superintendent. Such request must be in writing and
served on the Director within 10 days of the date of the notification
or decision. The Director shall hold a hearing and render a decision
within 15 days of the request.
Subject to the notice provisions of § 9-511.7, in circumstances where the nature of the violation constitutes a violation of the Clean Streams Law,[1] the City may apply for a mandatory preliminary injunction
or special injunction in the Court of Common Pleas of Dauphin County
or the Commonwealth Court of Pennsylvania in accordance with the Pennsylvania
Rules of Civil Procedure relating to actions in equity.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
Any person who permits or allows a discharge which causes an obstruction
or damage to the AWTF shall be assessed a charge equal to the amount
necessary to repair or replace the damaged facilities.
B.
Should any person refuse, neglect or fail to comply with pretreatment provisions and discharge limitations of Chapter 9-503, with any of the rules and regulations promulgated thereunder, or with any directive or notice given pursuant to this chapter or to any other chapter in Part 5 to which these enforcement provisions apply, then the Director is hereby empowered to authorize and may authorize the supply of all labor and materials necessary to effect compliance. Such person shall be assessed a charge equal to the amount necessary to effect compliance.
C.
Should the City suffer the termination or suspension of its NPDES permit or be assessed penalties or fines for violations thereof, which violations were caused by the failure of a discharger to comply with the provisions of Chapter 9-503 or other chapters in this part and any applicable rules and regulations, such discharger shall be assessed a charge equal to the amount expended by the City to cause its NPDES permit to be reinstated, plus the amount of any penalties or fines imposed against it.
A.
All charges assessed in accordance with § 9-511.10, all sewer rental, tappage and sewer maintenance fees, fees or charges imposed for inspection, monitoring and laboratory analysis, or any other fees or charges authorized by any provision to which this chapter applies shall be a lien on the properties served from the date the charge therefor first becomes due and payable.
B.
All charges imposed pursuant to Chapter 9-501 and § 9-511.10, together with a ten-percent penalty thereon, shall be certified by the Director to the City Solicitor, who shall enter the same as a lien in the Court of Common Pleas of Dauphin County and proceed to collect the same in like manner as other municipal claims are by law collectible.
C.
Sewer rental, tappage and maintenance fees shall be a lien on the
properties served from the date the charge therefor first becomes
due and payable. If such charges are not paid, the City may file such
liens and proceed to collect the same in like manner as other municipal
claims are by law collectible.
D.
In addition to the above method, the City may proceed to collect
such assessments by action in assumpsit in the name of the City against
the owner of the property charged and/or the person discharging into
the sewer system.
E.
In addition to the above, the City may recover reasonable attorneys'
fees, court costs, court reporter fees and all other expenses of litigation
to enforce the claim or claims of the City.
[Ord. No. 20-1992; amended 12-11-2007 by Ord. No. 29-2007]
Pursuant to the public participation requirements of 40 CFR
Part 25, the Department shall cause to have published at least annually
in the largest daily newspaper of general circulation in the City
a list of all industrial users who, during the previous twelve-month
period, were in significant noncompliance with applicable pretreatment
standards or other pretreatment requirements. For the purpose of this
provision, a significant noncompliance violation is:
A.
One or more violations of a pretreatment standard or requirement,
including chronic violations and technical review criteria violations;
B.
Any discharge which, alone or in combination, causes interference
or pass-through or endangers the health or welfare of AWTF personnel,
the public or environment or results in the AWTF exercising its emergency
authority to halt or prevent such a discharge;
C.
Failure to implement best management practices;
D.
Failure to meet a compliance schedule milestone;
E.
Failure to provide a required report;
F.
Failure to accurately report noncompliance; or
G.
Any other violations or group of violations the AWTF considers to
be significant.
Any person who violates any of the terms, provisions or requirements of Chapters 9-501 through 9-509, or any of the applicable rules and regulations regarding discharges, shall be deemed to be maintaining a nuisance, which nuisance the City is authorized and directed to abate in the manner provided by law.
[Ord. No. 27-1990]
Whenever notice is necessary under this chapter, such notice
shall be properly served upon an owner if a copy thereof is delivered
to the owner personally; or by leaving a notice at the usual place
of abode with someone of suitable age and discretion, who shall be
informed of the contents thereof; or by certified or registered mail,
addressed to the owner at the last known address, with return receipt
showing it has been delivered. If the return receipt shows that it
has not been delivered, then service may be made by posting a copy
thereof in a conspicuous place in or about the structure affected
by such notice. Such notice shall set forth a reasonable time for
such compliance to be accomplished.
[Ord. No. 27-1990]
A.
The superintendent of the AWTF, pretreatment coordinator, City Engineer,
and Plumbing Inspector shall act in the capacity of police officers
for the limited purpose of issuing nontraffic summary citations to
owners of premises or persons who are found in violation of Part 5
of Title 9 of these Codified Ordinances.
B.
The Director may, by written rule or regulation, designate further
employees of the Department of Public Works who may issue such citations.
Such rules and regulations shall be effective three days following
filing with the City Clerk.
[Ord. No. 20-1992]
A.
Civil penalty. In addition to proceedings under this chapter or any other remedy available at law or equity for violation of pretreatment standards requirements, any person who fails to comply with any provision of Chapters 9-501 through 9-509, or any applicable rules or regulations, or whoever fails to comply with a notice given pursuant to those chapters and/or this chapter, may be assessed a civil penalty, whether or not the violation was willful or negligent, in accordance with Section 4(a)(1) of the Publicly Owned Treatment Works Penalty Law, Act of March 26, 1992, P.L. 23, 35 P.S. § 752.4(a)(1), of not more than $25,000 per day of violation. Each twenty-four-hour period during which a violation continues shall be considered a separate and distinct offense under this provision and punishable as such.
B.
Criminal penalty. Any person who knowingly or negligently violates any of the terms, provisions or requirements of Chapters 9-501 through 9-509, or any of the applicable rules and regulations, or whoever refuses or neglects to comply with any notice given pursuant to these chapters to such person or whoever obstructs or interferes with any person in the enforcement of these chapters shall, upon conviction thereof, severally for each and every violation or noncompliance, respectively, be fined not more than $1,000 or imprisoned for not more than 90 days, or both. Each twenty-four-hour period during which a violation continues shall be considered a separate offense and punishable as such.
C.
Any person who knowingly or negligently makes a false oral or written
statement in any report, record, plan, application or other document
filed with the City or who falsifies, tampers with or renders inaccurate
any monitoring device or method required under this Part 5 shall be
liable to prosecution under appropriate criminal statues, including
but not limited to false swearing, 18 Pa.C.S.A. § 4903;
unsworn falsification to authorities, 18 Pa.C.S.A. § 4904;
tampering with or fabricating physical evidence, 18 Pa.C.S.A. § 4910;
and tampering with public records or information, 18 Pa.C.S.A. § 4911.
