A. 
Notice of violation (NOV). When the VJSA finds that an industrial user has violated, or continues to violate this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the VJSA may serve upon said industrial user a written Notice of violation. Within 10 days of the receipt 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 VJSA by the industrial user. Submission of this plan shall not relieve the industrial user of liability for any violations occurring before or after receipt of the Notice of violation. Nothing in this section shall limit the authority of the VJSA to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of violation.
B. 
Consent orders. The VJSA is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with an industrial user responsible for the noncompliance. Such consent orders shall include specific actions to be taken by the industrial user to correct the noncompliance within a time period also specified by the consent order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to Subsection D of this section and shall be enforceable in an appropriate court.
C. 
Show cause orders.
(1) 
When the VJSA finds that an industrial user has violated, or continues to violate this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the industrial user may be ordered to appear before the VJSA and show cause why a proposed enforcement action should not be taken.
(2) 
Notice shall be served on the industrial user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the industrial user show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by certified or registered mail (return receipt requested) at least 10 days prior to the hearing. Service may be made on any authorized representative of the industrial user.
(3) 
The hearing may be formal or informal, based on the severity of the noncompliance. A formal hearing shall be conducted according to the rules of evidence and open to the public. An informal hearing shall be closed to the public.
(4) 
After the VJSA has reviewed the evidence, it may issue an order to the 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 VJSA.
(5) 
A show cause order shall not bar against, or be a prerequisite for, taking any other action against the industrial user. Failure to attend a show cause hearing or otherwise comply with a show cause order is a violation of this Part 3 for each day of violation. A show cause order has the full force of law and is enforceable in a court of law.
D. 
Compliance orders.
(1) 
When the VJSA finds that an industrial user has violated, or continues to violate this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the VJSA may issue a compliance order to the industrial user responsible for the discharge directing that the industrial user come into compliance within a period of time set forth in the compliance order.
(2) 
If the industrial user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated.
(3) 
Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer system.
(4) 
A Compliance order does not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the industrial user of liability for any violation, including any continuing violation.
(5) 
Issuance of a compliance order shall not bar against, or be a prerequisite for, taking any other enforcement action against the industrial user. Failure of an industrial user to comply with any condition or requirement set forth in a compliance order is a violation of this Part 3 and is independently enforceable for each day of violation. A compliance order has the full force of law and is enforceable in a court of law.
E. 
Cease-and-desist orders.
(1) 
When the VJSA finds that an industrial user has violated, or continues to violate this Part 3, a wastewater discharge permit or order issuedhereunder, or any other pretreatment standard or requirement, or that the industrial user's past violations are likely to recur, the VJSA may issue a cease-and-desist order directing the industrial user to cease and desist all such violations and to immediately comply with all requirements and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatening violation, including halting operations and/or terminating the discharge.
(2) 
Issuance of a cease-and-desist order shall not bar against, or be a prerequisite for, taking any other action against the industrial user. Failure of an industrial user to comply with any condition or requirement set forth in a cease-and-desist order is a violation of this Part 3 and is independently enforceable for each day of a violation. A cease-and-desist order has the full force of law and is enforceable in a court of law.
F. 
Administrative fines.
(1) 
When the VJSA finds that an industrial user has violated, or continues to violate this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, that industrial user shall be fined an amount not to exceed $1,000 per day for each violation in accordance with State Borough Code. Each violation for each separate day shall constitute a separate and distinct offense. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) 
The VJSA is hereby authorized to adopt, from time to time, a formal, written civil penalty assessment policy, known as the enforcement response plan and civil penalty policy, which may set forth such fines not in excess of $1,000 per day as may be permitted by law and adopted by ordinance amendment, and which said policy is available to industrial users and other interested parties upon request.
(3) 
The industrial user charged with the fine shall have 30 days to pay the proposed fine in full, or, if the industrial user wishes to contest the amount of the fine or the fact of the violation, the industrial user may file an appeal. Failure to appeal within this thirty-day period shall result in a waiver of all legal rights to contest the violation or the amount of the fine. Appeals of administrative fines shall be subject to the procedure set forth in 2 Pa. C.S. The VJSA may add the costs for reestablishing the operation of the POTW treatment plant and any other appropriate costs to the administrative fines. Unpaid charges, fines and penalties shall constitute a lien against an individual industrial user's property.
(4) 
Issuance of an administrative fine shall not bar against, abridge, or alter any right of action or remedy, existing in equity, or under the common law or statutory law, criminal or civil, available to the Borough and VJSA in taking any other action against the industrial user.
G. 
Termination of sewer service.
(1) 
The VJSA may immediately suspend an industrial user's discharge, after notice to the industrial user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The VJSA may also immediately suspend an industrial user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW treatment plant, or which presents, or may present, an endangerment to the environment.
(2) 
Any industrial user notified of a suspension of its discharge shall immediately stop or eliminate the discharge to the POTW treatment plant. In the event of a failure by the industrial user to immediately comply voluntarily with the termination order, the VJSA shall take steps in conjunction with the Borough as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW treatment plant, its receiving stream, or endangerment to any individuals. The VJSA shall allow the industrial user to recommence its discharge when the industrial user has demonstrated to the satisfaction of the VJSA that the period of endangerment has passed, unless the termination proceedings set forth in § 137-84F of this Part 3 are initiated against the industrial user.
(3) 
An industrial user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the VJSA within five days of the date of occurrence as stipulated in paragraph 4.6 of this Part 3, or, prior to the date of any show cause or termination hearing under § 137-93.4C and 137-93.4E of this Part 3, whichever date is earlier.
(4) 
Nothing in this section shall be interpreted as requiring a hearing prior to any termination of sewer service under this section.
A. 
Injunctive Relief.
(1) 
When the VJSA finds that an industrial user has violated, or continues to violate this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement; or determines the discharge from an industrial user presents imminent or substantial harm to the POTW treatment plant or the public; or the discharge from the industrial user causes the POTW treatment plant to violate any condition of its NPDES permit; or the industrial user has shown a lack of ability or intention to comply with a pretreatment standard, the VJSA may petition the Court of Common Pleas for Bradford County through the VJSA Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this Part 3, on the activities of the industrial user.
(2) 
Such other action as is appropriate for legal and/or equitable relief may also be sought by the VJSA, including the assessment of a civil penalty. A petition for injunctive relief shall not bar against, or be a prerequisite for, taking any other action against an industrial user.
B. 
Civil penalties.
(1) 
When the VJSA finds that an industrial user has violated, or continues to violate this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement; or determines the discharge from an industrial user presents imminent or substantial harm to the POTW treatment plant or the public; or the discharge from the industrial user causes the POTW treatment plant to violate any condition of its NPDES permit; or the industrial user has shown a lack of ability or intention to comply with a pretreatment standard, that industrial user may, in addition to an action for injunctive relief, be assessed a civil penalty in an amount not to exceed $1,000 per violation, per day, regardless of jurisdictional boundaries.
(2) 
Each violation for each separate day shall constitute a separate and distinct offense. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.
(3) 
Filing a suit for civil penalties shall not bar against, or be a prerequisite for, taking any other action against an industrial user. The VJSA shall have the authority to resolve any pending litigation by entering into a consent decree with the offending industrial user.
C. 
Criminal prosecution.
(1) 
When the VJSA finds that an industrial user has willfully or negligently violated, or continues to violate this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, that industrial user may be subject to criminal liability under federal, state or local law. In the event the industrial user violates any federal and/or state law, the penalty for such violation shall be as set forth in such federal or state law.
(2) 
In the event the industrial user violates any provision of this Part 3 and/or the enforcement response plan, the penalty for such violation shall be a fine of not less than $100 and not more than $1,000 for each violation or up to 30 days imprisonment in default of payment for such fine. Each day a violation exists shall constitute a separate offense and shall be punishable as such. Nothing herein shall be construed to prevent the VJSA from prosecuting any violation through criminal and/or civil proceedings or both simultaneously.
D. 
Falsifying information. Any industrial user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this Part 3 or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 3 may be subject to criminal liability under federal, state and/or local law.
A. 
Treatment upsets.
(1) 
For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with federal categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(2) 
An upset shall constitute an affirmative defense to an action brought for noncompliance with federal categorical pretreatment standards if the requirements of this subsection are met. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
(a) 
An upset occurred and the industrial user can identify the cause(s) of the upset.
(b) 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.
(c) 
The industrial user has submitted the following information to the POTW treatment plant superintendent within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission shall be provided within five days from the date the industrial user became aware of the upset. The written submission shall include the following information:
[1] 
A description of the indirect discharge and cause of noncompliance.
[2] 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.
[3] 
Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(3) 
In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof. An industrial user shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with federal categorical pretreatment standards.
(4) 
The industrial user shall control production of all discharges to the extent necessary to maintain compliance with federal categorical pretreatment standards upon reduction, loss or failure of its pretreatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility fails, is reduced or lost.
B. 
Treatment bypasses.
(1) 
For the purposes of this section, "bypass" means the intentional diversion of wastestreams from any portion of an industrial user's pretreatment facility. "Severe property damage" means substantial physical damage to property, damage to the pretreatment facilities which causes them to be inoperable, or substantial or permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(2) 
An industrial user may 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 pretreatment facilities. These types of bypasses are not subject to the following provisions:
(a) 
Industrial user anticipating a bypass must submit notice to the VJSA at least 10 days in advance, if possible.
(b) 
Industrial users shall provide oral notice to the VJSA within 24 hours of discovery of an unanticipated bypass that exceeds applicable pretreatment standards.
(c) 
Industrial users shall submit a written report to the VJSA within five days of becoming aware of the bypass. The written report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps being taken or planned to reduce, eliminate and prevent recurrence of the bypass. The VJSA may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(3) 
A bypass of the pretreatment facilities without VJSA approval is prohibited and the VJSA may take an enforcement action against the industrial user for a bypass 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 facilities, retention of untreated wastewater, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance.
(c) 
The industrial user properly notifies the VJSA as described in this section.
(4) 
The VJSA may approve an anticipated bypass, after considering its adverse effects, if the VJSA determines that the industrial user will meet the conditions set forth in this section.