[Ord. 2012-4, 8/8/2012, § 5.1]
Whenever the WVSA finds that any nondomestic user has violated
or is violating this Part, the rules and regulations of the WVSA,
its industrial wastewater discharge permit, or any prohibition, limitation
or requirements contained herein, the WVSA may serve upon such person
a written notice of violation stating the nature of the violation.
Within 30 days of the date of the notice, or within such other reasonable
time as the Executive Director shall state, a plan for the satisfactory
correction thereof shall be submitted to the WVSA by the user.
[Ord. 2012-4, 8/8/2012, § 5.2]
1.
The WVSA may notify any user who is in violation of this Part, an
industrial wastewater discharge permit, or the rules and regulations
of the WVSA to show cause before the WVSA Board of Directors (or such
other adjudicative body as the WVSA shall elect) why a proposed enforcement
action should not be taken. The notice shall be served on the user
specifying the time and place of a hearing to be held by the WVSA
regarding the violation, the reasons why the action is to be taken,
the proposed enforcement action, and directing the user to show cause
before the WVSA why the proposed enforcement action should not be
taken. The notice of the hearing shall be served personally or by
registered or certified mail (return receipt requested) at least 10
days before the hearing. Service may be made on any agent or officer
of a corporation.
2.
A show cause hearing is not subject to the requirements of the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq., but may be conducted
as provided in that statute at the discretion of the WVSA Board or
adjudicative body.
3.
Within a reasonable time after the conclusion of a show cause hearing,
the Board of Directors (or adjudicative body) shall issue an opinion
regarding the alleged violation and any enforcement action which it
believes is appropriate. The WVSA may then proceed to undertake the
recommended enforcement action, if any.
[Ord. 2012-4, 8/8/2012, § 5.3]
1.
If any person discharges sewage, industrial wastewater or other wastes
into the sanitary sewer system contrary to the provisions of this
Part, federal or state pretreatment requirements, the WVSA rules and
regulations, or any permit issued by the WVSA, the Municipal Solicitor
may commence an action for appropriate legal and/or equitable relief
in the Courts. When the WVSA determines the need for legal action,
said action shall be undertaken by the municipality within 30 days
of notification by the WVSA.
2.
In the alternative, for purposes of enforcement of this Part and
the pretreatment program, the municipality hereby appoints the Wyoming
Valley Sanitary Authority as its agent and authorizes the WVSA or
its duly appointed agents and employees to undertake any legal action
in the name of municipality, including but not limited to the filing
of a civil complaint in the Court of Common Pleas of Luzerne County.
In the case that WVSA acts in the name of the municipality, the municipality
shall cooperate with and support the WVSA in the prosecution of any
civil action as may be necessary.
[Ord. 2012-4, 8/8/2012, § 5.4]
1.
Any user who violates the following conditions of this Part, applicable
state or federal regulations, or an industrial wastewater discharge
permit is subject to having its industrial wastewater discharge permit
revoked or suspended in accordance with the procedures of this Section:
A.
Failure of a user to factually and accurately report the wastewater
constituents and characteristics of its discharge;
B.
Failure of the user to report significant changes in operations or
changes in industrial wastewater constituents and characteristics,
including but not limited to changes in facilities related to the
control of slug discharges as required by § 345.1F;
C.
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
D.
Violation of any condition of the industrial wastewater discharge
permit.
2.
Upon notice of suspension or revocation of an industrial wastewater
discharge permit, the user shall immediately cease the discharge of
industrial wastewater to the sewer system. Any discharge of industrial
wastewater to the sewer system after notice of revocation or suspension
shall be a violation of this Part and subject to the penalties provided
herein. In the case of a suspension, the permit shall be reinstated
upon a showing that the user has corrected the condition for which
the suspension was imposed. In the case of a revocation, the user
may only receive a new permit by going through the application process
as stated in § 335 of this Part.
[Ord. 2012-4, 8/8/2012, § 5.5]
1.
The municipality and/or the WVSA may suspend the wastewater treatment
service when such suspension is necessary, in the opinion of the WVSA,
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, to the environment, causes interference or
pass-through at the WVSA's treatment plan or causes the WVSA
or municipality to violate or be in danger of violating any condition
of an NPDES permit or state-issued water quality management permit.
2.
Any person notified of a suspension of the wastewater treatment service
shall immediately stop or eliminate the discharge. In the event of
a failure of the person to comply voluntarily with the suspension
order, the municipality may, and the WVSA is authorized to, take such
steps as deemed necessary, including immediate severance or obstruction
of the sewer connection from the user's property, to prevent
or minimize damage to the sewer system or the WVSA facilities or endangerment
to any individuals. The WVSA or the municipality shall reinstate the
wastewater treatment service only upon satisfactory proof of elimination
of the noncomplying discharge. All costs associated with the severance
and/or reconnection of a sewer shall be incurred by the user.
[Ord. 2012-4, 8/8/2012, § 5.6]
1.
Any user who is found to have violated any provision of this Part,
the rules and regulations of the WVSA, as amended, or any regulations
or permits issued by the WVSA or the municipality shall be subject
to a civil penalty of not less than $100 nor more than $1,000 per
each violation. Each day on which a violation shall occur or continue
to occur shall be deemed a separate and distinct violation.
2.
The municipality recognizes that the WVSA has independent civil penalty
authority under the provisions of the Publicly Owned Treatment Works
Penalty Law (Act 9 of 1992, 35 P.S. § 752.1 et seq.). Any
violation of this Part shall constitute a violation of the WVSA's
EPA approved industrial pretreatment program and subject an industrial
user to the penalties provided thereunder. Should WVSA choose to access
a civil penalty under its independent authority against a user who
violates any provision of this Part, the municipality shall cooperate
to the extent necessary to aid WVSA in such an action.
3.
In addition to the civil penalties provided herein, the municipality
and/or the WVSA may recover reasonable attorney's fees, court
costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
this Part, the WVSA rules and regulations, or any permit issued hereunder.
[Ord. 2012-4, 8/8/2012, § 5.7]
Any user subject to an enforcement action or issuance or denial
of an industrial wastewater discharge permit under this Part may file
an appeal with the WVSA within 15 days of receipt of the notice of
the enforcement action or permit issuance, revision, or denial. Said
appeal shall be conducted by the WVSA as provided in the Local Agency
Law, 2 Pa.C.S.A. § 551 et seq.
[Ord. 2012-4, 8/8/2012, § 5.8]
1.
The WVSA shall annually publish in a local newspaper of general circulation
a list of the significant industrial users which were significant
noncompliance with the pretreatment standards and requirements contained
herein at least once during the previous calendar year. Significant
noncompliance shall include any of the following:
A.
Chronic violations, defined as those in which 66% or more of all
measurements taken for the same pollutant parameter during a six-month
period are in excess of an applicable numeric pretreatment standard
or requirement, including instantaneous maximum limits;
B.
Technical review criteria (TRC) violations, defined as those in which
33% or more of all measurements taken for the same pollutant parameter
during a six-month period equal or exceed the product of the numeric
pretreatment standard or requirement, including instantaneous limits
multiplied by the applicable TRC. TRC is 1.4 for BOD, TSS, oil and
grease, and 1.2 for all other pollutants except pH;
C.
Any other violations of a pretreatment standard or requirement including
a narrative standard, which the WVSA determines has caused or contributed
to interference or pass-through;
D.
Any discharge that has caused imminent endangerment to human health
and safety or the environment or has resulted in the WVSA's exercise
of its authority to halt or prevent such a discharge under § 364
or 365 of this Part;
E.
Failure to meet a compliance schedule milestone within 90 days of
the schedule date;
F.
Failure to provide, within 45 days after the due date, required reports
as itemized in § 345 of this Part;
G.
Failure to accurately report noncompliance;
H.
Any other violation or groups of violations, including a violation
of a BMP imposed by a permit or implemented as part of a plan developed
by the user and approved by the WVSA, which the WVSA determines to
adversely affect the operation or implementation of its approved pretreatment
program.
2.
The newspaper
notice shall also summarize any enforcement actions taken against
the user during the same time period.
