Borough of Punxsutawney, PA Article VIII Enforcement

§ 192-57 Right to refuse.

The Borough reserves the right to refuse to accept wastewater or combinations of wastewater which are discharged in violation of the terms or conditions of the industrial pretreatment program, or any written directions issued by the Borough pursuant to the conditions of the industrial pretreatment program. The Borough may take such steps as it deems necessary, as outlined in this article, to compel discontinuance of use of the sewer system or pretreatment of industrial wastes in order to comply with the provisions of the industrial pretreatment program.

§ 192-58 Suspension of permit.

A. The Borough shall suspend the wastewater discharge permit when such suspension is necessary, in the opinion of the Borough, 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 or to the environment or may cause interference, pass-through, or the Borough to violate any condition of its NPDES permit or any other federal or state law, rule, regulation or permit condition.

B. Any industrial user notified of a suspension of its wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the industrial user to comply voluntarily with the notice of suspension, the discharge shall be considered an unauthorized discharge and the Borough shall take such steps as deemed necessary, including immediate severance or plugging of the connection between the building sewer and the sewage collection system, to prevent or minimize damage to the sewer system or endangerment to the environment or any property or person.

C. The Borough shall reinstate the wastewater discharge permit upon submission of proof by the industrial user of the elimination of the unauthorized discharge. A detailed written statement submitted by the industrial user describing the causes of the unauthorized discharge and the measures taken to prevent any future occurrence shall be submitted to the Borough within 15 days of the date of occurrence.

§ 192-59 Revocation of permit.

A. Any industrial user who violates the following conditions of the industrial pretreatment program or applicable state and federal regulations is subject to having its wastewater discharge permit revoked:

(1) Failure of an industrial user to factually report the wastewater constituents and characteristics of its discharge in any application for a wastewater discharge permit, or in any reports required by Article VII, §§ 192-45, 192-46, 192-47 and 192-48 of this Part 4.

(2) Failure of the industrial user to report significant changes in operations, or wastewater constituents and characteristics as required in § 192-54 of this Part 4.

(3) Refusal of reasonable access to the industrial user's premises for the purpose of inspection or monitoring.

(4) Significant noncompliance with conditions of the wastewater discharge permit.

B. Discharge of any industrial waste to the sewer system by a significant industrial user without a wastewater discharge permit is an unauthorized discharge, as provided in § 192-35, and is subject to the penalties provided herein.

§ 192-60 Notice of violation.

Whenever the Borough finds that any industrial user has violated or is violating the provisions of the industrial pretreatment program, its wastewater discharge permit or any prohibition, limitation or requirements contained herein, the Borough may serve upon such industrial user a written notice stating the nature of the violation and requiring a response within a specified time. Responses required of industrial users may include but are not restricted to actions, plans, compliance schedules or written explanations.

§ 192-61 Show cause hearing.

A. The Borough may direct any industrial user who causes or allows an unauthorized discharge to enter the sewer system, or who violates any condition or requirement of the industrial pretreatment program or its wastewater discharge permit, to show cause why the proposed enforcement action should not be taken. A notice shall be served on the industrial user specifying the time and place of a hearing to be held by the Borough regarding the violation, the reasons why the action is to be taken and the proposed enforcement action and directing the industrial user to show cause 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 if the industrial user is a corporation.

B. The Borough may itself conduct the hearing and take the evidence or may designate any of its members or any representative of the Borough to:

(1) Issue in the name of the Borough 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; and/or

(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Borough for action thereon.

C. At any hearing held pursuant to this paragraph, testimony taken must be under oath and recorded by stenographic or mechanical recording. 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 has reviewed the evidence, it may, in writing, direct the industrial user to take certain actions to correct the unauthorized discharge or to achieve compliance.

(1) The actions which may be directed include but are not limited to:

(a) Installation of pretreatment facilities or equipment.

(b) Modification or additions to existing pretreatment facilities or equipment.

(c) Initiation of management practices which are required to alter the nature of the industrial waste being discharged.

(d) Development or implementation of SPCC plans or other measures.

(e) Other measures found to be necessary to correct the unauthorized discharge or other noncompliance.

(2) The direction may be in the form of a schedule for compliance, setting dates by which certain actions shall be taken.

E. Failure of an industrial user to comply with written directions issued pursuant to a hearing constitutes a violation of this Part 4 and may be subject to additional actions or penalties as outlined in this section.

§ 192-62 Administrative orders.

The Borough may issue written directions as described in § 192-61D of this article without a show cause hearing if the Borough determines that such directions are necessary to correct conditions or remedy continuing violations of any wastewater discharge permit or other requirements of the industrial pretreatment program, the Borough Code or federal or state regulations.

§ 192-63 Right of appeal.

A. An industrial user may appeal the enforcement actions enumerated above in §§ 192-58, 192-59, 192-61 and 192-62 of this article, or wastewater discharge permit conditions, in whole or in part. An appeal is subject to the following requirements:

(1) The appeal must be made in writing to the Borough.

(2) The appeal must be made within 30 calendar days from the date of receipt of the wastewater discharge permit, written directions or notice of suspension or revocation of a wastewater discharge permit being appealed by the industrial user.

(3) The appeal must state the specific provision(s) of a wastewater discharge permit or the specific directions of the Borough which are being contested.

(4) The appeal must state the reasons for the appeal of each provision.

(5) The appeal may suggest alternate or revised provisions to replace those appealed.

B. Provisions mandated by federal or state regulations (e.g., compliance with categorical standards) shall not be appealed.

C. An appeal shall be made to the Borough and shall be reviewed by any designated representative(s) of the Borough, provided that:

(1) The representative shall not be the Pretreatment Coordinator.

(2) The representative is not the Superintendent.

D. Within 60 days of receipt, the representative(s) reviewing the appeal shall report, in writing, to the Borough the results of the review. The report shall contain, at a minimum:

(1) A summary of each item appealed, the appellant's reasons for appeal and the appellant's proposed remedies, if any.

(2) The finding of merit of each point, and the reason(s) for finding.

(3) For each point found to be with merit, a proposed remedy and a finding that the remedy is allowable under the provisions of the industrial pretreatment program and all applicable federal, state and local rules, regulations and laws.

E. The Borough shall review the report and, at one or more regular or special public meetings, take any additional testimony offered by the appellant, reviewer, Pretreatment Coordinator or other interested party.

(1) The Borough shall, within 45 days of the conclusion of testimony, decide to:

(a) Grant the appeal or portions of the appeal, applying such remedies as it deems proper; or

(b) Deny the appeal.

(2) This decision constitutes final administrative action.

§ 192-64 Civil actions.

If any person violates the provisions of the industrial pretreatment program, including local, federal or state pretreatment requirements, categorical standards or any wastewater discharge permit or written directions issued by the Borough, the Borough may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Jefferson County or any other court having appropriate jurisdiction.

§ 192-65 Enforcement response plan.

The Borough shall develop an enforcement response plan to guide the Pretreatment Coordinator in the administration of the industrial pretreatment program. The enforcement response plan shall meet the requirements of 40 CFR 403.8(f)(5) regarding the contents of enforcement response plans. The Pretreatment Coordinator shall be guided by the enforcement response plan when reviewing industrial user reports, inspection results and other compliance information and when recommending to the Borough enforcement action in response to noncompliance.

§ 192-66 Significant violators.

The Borough shall publish annually, in the local daily newspaper of highest circulation, a list of industrial users that were found to be in significant noncompliance during the previous calendar year. Significant noncompliance shall be determined using measures of rate, magnitude and type of noncompliance, as delineated in the enforcement response plan.

§ 192-67 Records.

The Borough shall maintain records of all enforcement actions taken, the reasons for those actions and the results of those actions. These records shall be made available to the approval authority and the public during normal Borough business hours.