A.
The Manager may, upon informal notice to an industrial user, order
the user to immediately halt or prevent a discharge to the public
sanitary sewerage system which, in the opinion of the Manager, reasonably
appears to present an imminent endangerment to the health or welfare
of persons. For the purpose of this section, informal notice to an
industrial user may be issued by a telephone call, an on-site inspection/visit,
a cease and desist order or any combination of these methods.
B.
In the event that an industrial user should fail to voluntarily comply
with an emergency order to immediately halt or prevent a discharge
to the public sanitary sewerage system, the Manager shall take whatever
action is deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the public sanitary sewerage
system or the endangerment of any individuals. The costs associated
with any such emergency action shall be assessed to the industrial
user, and the Borough shall not be responsible for any damages, including
loss of income, as a result of such emergency action.
C.
The Borough shall authorize permission to resume a discharge that has been halted under the emergency action provisions of § 157-51A upon satisfactory proof that the imminent danger has been eliminated. Within 15 days after the date of any such emergency action, the industrial user shall submit to the Borough a detailed written statement describing the cause or causes of the harmful contribution that necessitated the emergency action and the measures that will be taken to prevent any future occurrence of the incident.
A.
The conditions and requirements of this chapter are applicable to
all industrial users and shall be incorporated into the user's
industrial waste permit either expressly or by reference. The industrial
user has a duty to comply with all of the conditions of this chapter.
Any noncompliance constitutes a violation of this chapter and is subject
to appropriate enforcement action, including but not limited to revocation
of the user's industrial waste permit or denial of a permit renewal
application in accordance with the provisions of this chapter.
B.
The Borough may terminate an industrial user's permit and suspend
wastewater treatment service or deny a permit renewal application
for any of the following causes:
(1)
Determination by the Borough that the discharge presents or may present
an endangerment to the environment or which threatens to interfere
with the operation of the public sanitary sewerage system.
(2)
Failure of the user to disclose fully all relevant facts during the
application process or the user's misrepresentation of any relevant
facts at any time.
(3)
Falsifying monitoring or compliance reports or tampering with or
knowingly rendering inaccurate any monitoring device or method required
to be maintained as a condition of the user's permit.
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring.
(5)
Willful and knowing failure to comply with any conditions of the
user's permit or this chapter.
C.
In the event of a nonemergency situation, where the Borough has determined
that a user's discharge presents or may present a threat to the
environment or the operation of the public sanitary sewerage system
or where revocation of a user's permit is warranted as an enforcement
action, the Borough shall, after formal written notification to the
affected user and provision of ample opportunity for the user to respond,
require the user to halt or prevent the discharge.
A.
Except in cases of emergency situations subject to the provisions of § 157-51A of this chapter, whenever the Borough determines that an industrial user has violated or is violating any prohibitions, limitations or requirements of the user's permit or this chapter, the Borough may issue by certified mail a formal written notification stating the nature of the violation. The user shall be afforded a minimum period of 30 days after the receipt of the notification of violation within which to correct the deficiency or violation or to submit to the Borough a proposed corrective action plan and schedule for correcting the violation. However, all violations result in immediate liability, and the Borough may seek such penalties and/or take other enforcement action as it deems necessary during this response period.
B.
In the case of procedural violations, an industrial user may correct
the violation by fulfilling the duties or requirements that are deficient.
The Manager shall review the corrective action taken by the user to
determine whether or not the violation has been adequately corrected.
Failure to correct a violation within a reasonable time period may
result in further enforcement action.
C.
In the case of discharge violations, the industrial user may correct
the violation by process modifications or implementing appropriate
pretreatment technology. The Borough shall review the proposed corrective
action plan and schedule submitted by the user to determine whether
or not the plan is adequate to correct the violation and consistent
with the objectives of any applicable federal pretreatment standards
and the general pretreatment regulations. The Borough may require
modifications to the plan and schedule, including the submission of
interim progress reports, to verify correction of the violation within
an appropriate compliance schedule. The Borough may modify the user's
permit to incorporate a reasonable schedule of compliance to implement
an acceptable corrective action plan. In no case will any such compliance
schedule exempt a user from further enforcement action by the Borough
for the discharge violations or from enforcement action for failure
to meet a compliance date in any applicable federal pretreatment standards.
A.
Except in the case of emergency situations subject to the provisions of § 157-51A of this chapter, whenever the Borough deems it necessary to take enforcement action, including revocation of the user's permit, under the provisions of this chapter, the Borough may issue the affected user a formal written notification of the proposed enforcement action by certified mail. Such notice shall state the basis for the proposed action and the reasons for the Borough's tentative action.
B.
The industrial user shall be afforded a minimum period of 30 days
within which to comment on the proposed action and to submit to the
Borough a written request for a meeting with the Borough Council to
appeal the proposed action. All requests for an appeal meeting shall
clearly state the specific action or provision(s) of the proposed
action that is being appealed and the grounds upon which the appeal
is based. Any supporting evidence that is relevant to the appeal must
also be submitted with the request for appeal. The Borough Council
may deny the appeal request on the basis of insufficient grounds or
may schedule a meeting for the user to present the appeal to the Borough
Council. As soon as practicable after the conclusion of the review
period or the appeal meeting, the Borough Council shall issue to the
user a formal written notification of the intended enforcement action
and their conclusions. It must also be noted that all violations result
in immediate liability, and the Borough may seek such penalties and/or
take other enforcement action as it deems necessary during the thirty-day
response period.
Under the conditions specified in Section 403.16 of the Federal
General Pretreatment Regulations for Existing and New Sources of Pollution
(40 CFR, Part 403), an upset shall constitute an affirmative defense
to an enforcement action for noncompliance with either federal categorical
standards or local standards adopted pursuant to this chapter. Any
industrial user seeking to establish the occurrence of an upset shall
have the burden of proof to demonstrate that the conditions necessary
for an upset according to the general pretreatment regulations have
been met.
The Borough Manager is hereby empowered to enter into consent
orders, assurance of voluntary compliance or other similar documents
establishing an agreement with the industrial user responsible for
the noncompliance. Such orders will include specific action to be
taken by the industrial user to correct the noncompliance within a
time period also specified in the order. In no case will any such
order exempt a user from further enforcement action for failure to
meet a compliance date in any applicable federal pretreatment standards.
A.
In certain cases, such as those involving revocation of a user's
permit, the Borough Council may order a user to show cause before
the Borough Council why the proposed enforcement action should not
be taken. A notice shall be served on the user specifying the time
and place of a hearing to be held by the Borough Council 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
Borough Council 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.
B.
The Borough Council may itself conduct the hearing and take evidence
or may designate any of its members or, in conjunction with the affected
user and the Borough Council, may designate an arbitrator or board
of arbitration to:
(1)
Issue in the name of the Borough Council notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Borough Council
for action thereon.
C.
At any hearing held pursuant to this chapter testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
D.
After the Borough Council has reviewed the evidence, it may issue
an order to the user responsible for the discharge directing that,
following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, devices
or other related appurtenances and are properly operated. Further
orders and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial wastes or other
wastes into the public sanitary sewerage system contrary to the provisions
of this chapter, federal or state pretreatment requirements or any
order of the Borough or is found to be in violation of any other pretreatment
standards or requirements of this chapter or federal pretreatment
requirements, the Borough's solicitor may commence an action
for appropriate injunctive and/or equitable relief in a court of competent
jurisdiction.
When the Borough Manager finds that an industrial user has violated
or continues to violate this chapter or a permit or order issued thereunder,
the Manager may issue a compliance order to the industrial user responsible
for the discharge directing that following a specified time period,
sewer service shall be discontinued unless adequate treatment facilities,
devices or other related appurtenances have been installed and are
properly operated. Orders may also contain such other requirements
as might be reasonably necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional
self-monitoring and management practices.
When the Borough Manager finds that an industrial user has violated
or continues to violate this chapter or any permit or order issued
hereunder, the Borough Manager may issue an order to cease and desist
all such violations and direct those persons in noncompliance to:
