[Adopted 6-22-2009 by Ord. No. 313]
The terms, as used hereinafter, shall have the following definitions:
The most current version of Rates, Rules and Regulations
for Johnstown Regional Sewage Regarding the Use of the Sewage Collection
for Treatment Systems, which have been formally adopted by the Board
of the Redevelopment Authority of the City of Johnstown, and notice
of which adoption has been provided to each municipality. The applicable
rules shall include all exhibits to the rules.
A program for pretreatment of industrial waste approved by
the Environmental Protection Agency or the Department of Environmental
Resources in accordance with the Federal Water Pollution Control Act,
62 Stat. 1155, 33 U.S.C. § 1251 et seq.
The United States Environmental Protection Agency (USEPA)
or other governmental agency authorized to review and approve the
JRS's industrial pretreatment or other source control program.
The Enforcement Response Program as approved by the USEPA
and provided to the Township of Richland by the JRS.
The Board of Supervisors of Richland Township, Cambria County.
Johnstown Regional Sewage, an enterprise operation of the
Redevelopment Authority of the City of Johnstown, and operating as
and fulfilling the functions of the PWTA, public wastewater treatment
authority, and POTW, publicly owned treatment works, as referred to
in applicable statutes and federal laws and regulations.
Limitation on concentrations and absolute volumes of contaminants
introduced into the sewage collection system.
The Township of Richland, Cambria County, Pennsylvania.
A.
The Board of Supervisors of Richland Township hereby adopts by reference,
the Rates, Rules and Regulations for Johnstown Regional Sewage Regarding
the Use of the Sewage Collection or Treatment Systems, as currently
adopted by the JRS.
B.
At such times that it becomes necessary, revised rules will be formally
adopted by the JRS, a copy of which shall be submitted to the municipality.
C.
Every person, business or organization located within the geographic
boundaries of the municipality, and connected to the JRS collection
and treatment system, shall in all instances use the sewage collection
and treatment system in a manner which is in complete compliance with
the Rates, Rules and Regulations for Johnstown Regional Sewage Regarding
the Use of the Sewage Collection or Treatment Systems. Violation of
any of the rules or requirements set forth therein, either as currently
applicable or as may be adopted in the future, shall be deemed to
be a violation of this Part 6.
All wastewater entering the sanitary sewage system shall be
pretreated to typical domestic levels unless otherwise stated, in
writing, by the JRS by way of a significant industrial user permit
or other permit. Typical domestic levels shall be documented in a
set of local limits for pollutants, capable of effecting efficient
operation of the sewage treatment plant, in the Rates, Rules and regulations,
Appendix B,[1] in a format as attached hereto. Typical domestic levels
and specific pollutant limitations may be changed periodically due
to changing NPDES requirements, changes in the overall characteristics
of waste throughout the system, required reevaluations of the local
limits analysis or other reasons. At such times that it becomes necessary,
modified local limits will be established and formally adopted by
the JRS. Such revision shall only be implemented after the modifications
have been reviewed and determined to be acceptable by the approval
authority (USEPA). Revised pretreatment program local discharge limits
will be issued as Appendix B to the applicable rules and issued to
all municipalities.
[1]
Editor's Note: Appendix B, Johnstown Regional Sewage Pretreatment Program Local Discharge Limitations, is included at the end of this chapter.
Consistent with the rules adopted by the authority and due process
rights to administrative hearings and adjudication before the governing
body of the JRS, or its duly designated hearing officer, pursuant
to provisions of the Pennsylvania Local Government Public Agency Law,
2 Pa.C.S.A. § 551 et seq., the Township of Richland specifically
authorizes the JRS to establish general and individual controls on
users of the system as required by the Federal Water Pollution Control
Act of 1977,[1] as amended, and the implementing regulations adopted by
the approval authority found at 40 CFR Part 403, and specifically
authorizes the JRS to:
A.
Deny or condition new or increased contributions of pollutants, or
changes in the nature of pollutants, to the POTW by industrial users
where such contributions do not meet applicable pretreatment standards
and requirements or where such contributions would cause the POTW
to violate its NPDES permit.
B.
Require compliance with applicable pretreatment standards and requirements
by industrial users.
C.
Where necessary for the efficient operation of the system or as required
by the approved pretreatment program, to control through permit, order,
conditions or similar means the contribution to the JRS by each user
to ensure the efficient operation of the sewage collection and treatment
system and compliance with applicable pretreatment standards and requirements.
In the case of industrial users identified as "significant" under
40 CFR § 403.3(v), this control shall be achieved through
individual permits or equivalent individual control mechanisms issued
to each such user except as exempted by current federal regulations.
D.
Assess and collect fees for permits and permit-related activities. The authorization to establish rules and issue and enforce permits shall include, but not be limited to, the adoption of general and individual control mechanisms, as those are defined in 40 CFR § 403.8(f). Rules shall at all times contain the minimum necessary standards set forth in 40 CFR Part 403. Any violation of an order, rule or permit condition issued hereunder, general or individual, shall be deemed to be a violation of this Part 6.
[1]
Editor's Note: See 33 U.S.C. § 1251.
The JRS is hereby authorized to carry out all inspection, surveillance
and monitoring procedures necessary to determine, independent of information
supplied by industrial users, compliance or noncompliance with applicable
pretreatment standards and requirements by industrial users. Representatives
of the JRS shall be authorized to enter any premises of any industrial
user in which a discharge source or treatment system is located or
in which records are required to be kept under 40 CFR § 40.12(o)
to assure compliance with pretreatment standards.
A.
Delegation. The JRS is hereby designated as the responsible party and agent of the Township of Richland for the purpose of enforcing the provisions of this Part 6. The JRS is hereby authorized to initiate actions, in its own name or acting in the name of the Township of Richland for violation of this Part 6, or to bring civil actions in equity or law to ensure compliance or prevent violation of the applicable rules. The JRS is designated as the responsible party for carrying out any hearings which may be required under the Pennsylvania Local Government Public Agency Law, 2 Pa.C.S.A. § 551 et seq.
B.
Enforcement response plan. The JRS is hereby authorized to impose
civil penalties for violations of its rules as set forth in the enforcement
response plan. At such times that it becomes necessary, modifications
to the enforcement response plan will be established and formally
adopted by the JRS after the modifications have been approved by the
approval authority (USEPA). After formal adoption by the JRS, the
new modifications become automatic in this municipality. A revised
enforcement response plan will be issued by the JRS to all municipalities
for inclusion in their ordinances as a replacement. No formal adoption
process by this governmental body is necessary for the revisions to
the enforcement response plan to become effective and part of this
Part 6.
C.
Injunctions and termination of service. The JRS is also specifically
authorized to obtain remedies for noncompliance by any industrial
user with any pretreatment standard and requirement. The JRS is also
authorized to terminate service to violators or seek injunctive relief
for noncompliance by industrial users with pretreatment standards
and requirements.
A.
Penalties under municipal authorization.
(1)
The JRS shall also have authority to seek or assess civil penalties
for violation of this ordinance, in the amount of $1,000 a day, as
permitted by 53 P.S. § 66601 of the Second Class Township
Code.
(2)
Enforcement shall be as provided for in the organic law of the
municipality with the JRS bringing the action in the name of the municipality.
Each violation for each separate day shall constitute a separate and
distinct offense. This authorization to assess penalties is in addition
to authority already granted to the JRS under provisions of the Publicly
Owned Treatment Works Penalty Law, 35 P.S. § 752.1 et seq.
B.
Penalties under Publicly Owned Treatment Works Penalty Law. For penalties
assessed under authority of the Publicly Owned Treatment Works Penalty
Law, 35 P.S. § 752.1 et seq., notice of assessment of civil
penalties shall include as part of the notice of an assessment of
civil penalties a description of the applicable appeals process under
the Pennsylvania Local Government Public Agency Law, 2 Pa.C.S.A. § 55
et seq., to be followed, including the name, address and telephone
number of the person responsible for accepting such appeal.
In the event that any of the provisions of this Part 6 should be found to conflict with any of the provisions of previous sewer ordinances relating to the Johnstown Regional Sewer System, including but not limited to Ordinance 14, adopted June 28, 1961 (Richland Code § 198-26), it is the express intent of the Richland Township Board of Supervisors that the language of this Part 6 shall control.
