Whoever violates any provision of Part
5, Article
VIII,
IX or
X, shall be subject to the provisions hereinafter set forth.
Pursuant to the notice requirements of §
231-82, the city may suspend wastewater treatment and/or a discharge permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which:
A. Presents or may present an imminent or substantial
endangerment to the health or welfare of person or the environment.
B. Causes or may cause interference with the operations
of or damage to the AWTF.
C. Causes the city to violate any condition of its NPDES
permit.
After informal notice to halt or prevent a discharge
which reasonably appears to present an imminent endangerment to the
health or welfare of persons, the AWTF, the sewerage system or the
environment, the person responsible for the discharge shall immediately
stop or eliminate the contribution. In the event of failure of the
person to cease or cause to cease such contribution, the superintendent
shall notify the director who shall authorize any actions as deemed
necessary to halt or prevent such contribution, including immediate
severance of the sewer connection, to prevent or minimize damage to
the sewerage system and/or the AWTF, the environment or to any individuals.
The existence of any one of the following conditions
may cause the city to revoke the permit of the significant industrial
user:
A. Failure to factually report the wastewater constituents
and characteristics of a discharge.
B. Failure to report significant changes in operations
or in wastewater constituents and characteristics.
C. Refusal of access to the discharger's premises for
the purpose of inspecting or monitoring or determining the amount
of sewer rental payable.
D. Failure to comply with any of the terms and conditions
of a permit.
E. Failure to comply with any of the provisions of Articles
VIII,
IX,
X or § 9-507.
F. Failure to pay in full any bill for sewer rental,
sewer maintenance charge, tappage fee or any other charge or fee imposed
by ordinance or regulation within 60 days after the same becomes due
and payable.
The city shall reinstate a permit and/or restore
service under the following conditions, as applicable:
A. Demonstration, to the satisfaction of the city, that
such significant industrial user is now utilizing good management
practices to prevent or reduce the contribution of pollutants to the
sewer system. Good management principles include, but are not limited
to, preventive operating and maintenance practices to reduce the quantity
or improve the quality of effluent discharged and the control of plant
spillage, leaks and drainage from storage areas.
B. Submission to the city of proof of elimination of
any noncomplying discharge.
C. Submission within 15 days of the occurrence a detailed
report describing the causes of the noncomplying discharge and the
measures taken to prevent any future occurrence.
D. Access to the premises in question for enforcement
purposes is assured.
E. Submission of a detailed report describing the measures
taken to ensure present and future compliance with the terms and conditions
of a permit.
F. Evidence of compliance with federal, state and local
laws, rules and regulations is submitted.
G. Payment, in full, of all delinquent bills, fees and
charges and all charges incurred by the city in damages or as costs
of enforcement is made.
Whenever the superintendent finds that any person
has violated or is violating any provisions of the articles to which
these enforcement provisions apply, any permit issued thereunder or
any applicable federal, state or local regulation the superintendent
or a designee shall serve or cause to be served upon such person a
written notice stating the nature of the violation and requiring the
submission within 30 days of the date of the notice a plan for the
satisfactory correction of such violation. If the violation has occurred
outside the city, the superintendent shall mail a copy of such notice
to the appropriate suburban municipality or municipal authority.
Any person affected by a notice, directive or
other decision of the superintendent may request a hearing before
the director and present evidence of circumstances justifying reconsideration
of the decision of the superintendent. Such request must be in writing
and served on the director within 10 days of the date of the notification
or decision. The director shall hold a hearing and render a decision
within 15 days of the request.
Subject to the notice provisions of §
231-82, in circumstances where the nature of the violation constitutes a violation of the Clean Streams Law, the city may apply for a mandatory preliminary injunction or special injunction in the Court of Common Pleas of Dauphin County or the Commonwealth Court of Pennsylvania in accordance with the Pennsylvania Rules of Civil Procedure relating to actions in equity.
[Amended 10-8-2008 by Ord. No. 2008-8]
Pursuant to the public participation requirements of 40 CFR
Part 25, the Department shall cause to have published, at least annually,
in the largest daily newspaper of general circulation in the city,
a list of all industrial users who, during the previous twelve-month
period, were in significant noncompliance with applicable pretreatment
standards or other pretreatment requirements. For the purpose of this
section, a signification noncompliance violation is:
A. One or more violations of a pretreatment standard or requirement,
including chronic violations and technical review criteria violations;
B. Any discharge which, alone or in combination, causes interference
or pass-through or endangers the health or welfare of AWTF personnel,
the public or the environment or results in the AWTF exercising its
emergency authority to halt or prevent such a discharge;
C. Failure to implement best management practices;
D. Failure to meet a compliance schedule milestone;
E. Failure to provide a required report;
F. Failure to accurately report noncompliance; or
G. Any other violation or group of violations the AWTF considers to
be significant.
Any person who violates any of the terms, provisions or requirements of Articles
VIII through
X, or any of the applicable rules and regulations regarding discharges shall be deemed to be maintaining a nuisance, which nuisance the city is authorized and directed to abate in the manner provided by law.
Whenever notice is necessary under this Part
5, such notice shall be properly served upon an owner if a copy thereof
is delivered to the owner personally, or by leaving a notice at the
usual place of abode with someone of suitable age and discretion who
shall be informed of the contents thereof, or by certified or registered
mail addressed to the owner at the last known address with return
receipt showing it has been delivered. If the return receipt shows
that it has not been delivered, then service may be made by posting
a copy thereof in a conspicuous place in or about the structure affected
by such notice. Such notice shall set forth a reasonable time for
such compliance to be accomplished.