[Ord. No. 763, 5/7/2020]
1.
The Township and the Authority recognize there are many users that have activities which at times, cause discharges of pollutants to the sewerage system resulting in violations of this Part 1, Articles A through F, and of the user's wastewater discharge permit. It is the intention of the Authority to secure compliance with this Part 1, Articles A through F, as expeditiously as reasonably possible and with minimal disruption to the user's operation. The user should recognize, too, that the requirements of this Part 1, Articles A through F, and his permit are important to the proper operation of the sewerage facilities. The Authority as an agent of the Township, for the purpose of enforcing the provisions of this Part 1, Articles A through F, and as a matter of policy, shall secure and assure wastewater discharge compliance thereunder.
2.
The Authority has the power to develop and implement an Enforcement
Response Plan (ERP), indicating how a POTW will investigate and respond
to instances of user noncompliance, as required by 40 CFR 403.8(f)(5).
Enforcement responses include a variation of the following: notice
of violation, administrative orders, civil litigation, criminal prosecution,
and termination of sewer service.
[Ord. No. 763, 5/7/2020]
If sampling by a user indicates a violation, the user must notify the Authority within 24 hours of becoming aware of the violation. The user must resample and submit results of this resampling to the Authority within 30 days. Whenever the user becomes aware that the user has violated or is violating this Part 1, Articles A through F, and/or his wastewater discharge permit, either through notice served by the Authority, analytical reports, knowledge of normal plant activities or through any other means, the user shall within 14 days submit to the Authority a full explanation as to the reason for the violation and for the Authority's consideration, a plan for the satisfactory correction thereof. Included with this submission shall be a completed Authority's form "Proposed Schedule to Obtain Compliance with the Wastewater Control Ordinance."
[Ord. No. 763, 5/7/2020]
1.
The Authority may, at its option, order any user who causes or allows an unauthorized discharge to enter the POTW or has violated a condition of this Part 1, Articles A through F, or his wastewater discharge permit to show cause before the Hearing Board why enforcement action should not be taken to end the violation, recover damages and/or assess penalties. A notice shall have been served on the user, specifying the time and place of the hearing, describing the alleged violation, and it may contain a statement as to the enforcement action proposed. The notice of the administrative hearing shall be served personally or by registered or certified mail at least 10 days before the hearing. Service may be made on any agent of the user or officer of the corporation.
3.
The Hearing Board, within 14 days, shall review the evidence and advise the Authority of its findings. If the Board has concluded that a violation did or does exist, it shall recommend a course of action consistent with this Part 1, Articles A through F, to the Authority for administration. The Hearing Board shall be comprised of the following:
[Ord. No. 763, 5/7/2020]
1.
As a result of the administrative hearing or in the Authority General Manager's judgment, a user who violates the following conditions of this Part 1, Articles A through F, or state or federal regulations pertaining to wastewater pretreatment is subject to suspension/revocation of his discharge permit:
A.
Failure of a user to faithfully and factually report the wastewater
constituents and characteristics of his discharge;
B.
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
C.
Refusal to allow an Authority's employee or agent reasonable
access to the user's premises for the purpose of inspection or
monitoring;
D.
Violation of conditions of the wastewater discharge permit;
[Ord. No. 763, 5/7/2020]
1.
As a result of an administrative hearing or in the judgment of the
Authority's General Manager when, in order to stop an actual
or threatened discharge which presents or may present an imminent
or substantial endangerment to the health and welfare of persons,
to the environment, to the receiving stream, or may cause interference
to the POTW or cause the Authority to violate any condition of, its
state and/or NPDES permit, the Authority's General Manager or
his designated agent may order the user to immediately cease and desist
a discharge and/or waste contribution and, to secure the termination
of the discharge, the Authority shall take such steps as deemed necessary
including seeking injunctive relief and/or, the immediate severance
of water and/or sewer service.
2.
The Authority shall reinstate the wastewater discharge permit and/or
wastewater treatment service upon proof of the elimination of the
noncomplying discharge. A detailed written statement submitted by
the user describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence shall be submitted
before reinstatement of service.
[Ord. No. 763, 5/7/2020]
1.
If any person discharges proscribed pollutants into the Authority's wastewater disposal system contrary to the provisions of this Part 1, Articles A through F, federal or state pretreatment requirements, or any order of the Authority, the Authority solicitor may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Bucks County.
2.
If any user violates any pretreatment standards or other nondischarge
requirements, the Authority solicitor may commence an action for injunctive
relief in the Court of Common Pleas of Bucks County.
[Ord. No. 763, 5/7/2020]
1.
This Part 1, Articles A through F, shall apply to the Township of Warminster and to persons, municipalities and/or authorities outside of the Township that are, by contract or agreement with the Authority, users of the publicly owned treatment works (POTW). Where the Warminster Township Municipal Authority provides service to an entity outside of the geographical boundaries of Warminster, such as a neighboring municipal authority, the entity being serviced or its incorporating municipality shall adopt within six months an ordinance to protect the Warminster POTW, which is no less restrictive than this document. Said ordinance shall incorporate enforcement procedures to attain compliance that are substantially identical to those contained herein. Said ordinance shall include local limits for pollutants discharged to its collection system which cover at least the same parameters and are at least as stringent as the Authority's local limits.
2.
WTMA reserves the right to sample and to have the samples analyzed
from users beyond its geographical boundaries. Said users will be
responsible for all costs related thereto.
3.
Intermunicipal agreements shall be written or amended to contain
a provision to allow the Warminster Township Municipal Authority the
right to bring direct enforcement action against a user, as agent
for the user's municipality. The Authority will, if necessary,
bring action against the customer authority for failure of the authority
to enforce its municipal ordinance by appropriate legal and/or equitable
relief.
4.
Furthermore, intermunicipal agreements shall be written or amended
to indicate that the Authority is responsible for updating the industrial
waste surveys of intermunicipal users. All such intermunicipal agreements
must indicate that the Authority is responsible for permitting intermunicipal
users. If joint permits are issued, the agreement must indicate that
the Authority is responsible for preparing draft permits. Intermunicipal
agreements also must indicate that the WTMA will have the primary
duty to inspect the facilities of the user. The municipality must
acknowledge the Authority's ability to enter the facilities of
intermunicipal users periodically to verify compliance with applicable
pretreatment requirements. The municipality or customer authority
must agree to provide the Authority with access to all records compiled
as part of its pretreatment program activities.
5.
Under emergency or apparent emergency conditions, the Authority will
attempt to advise the customer authority of the nature of the emergency
and whether or not contact is made, the Authority will take whatever
steps are necessary to eliminate the cause of the condition.
[Ord. No. 763, 5/7/2020]
The Authority must provide for annual public notification in
the largest daily newspaper published in the Warminster area, the
names of those users in significant noncompliance with applicable
pretreatment requirements during the previous 12 months.
