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.
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.
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.
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.
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.
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.
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.