The definitions in §
9-501.1 and Chapter
1-302, Glossary of Terms, shall be applicable to this chapter.
Whoever violates any provision of Chapter
9-501,
9-503,
9-505,
9-507, or
9-509 shall be subject to the provisions of this chapter.
Pursuant to the notice requirements of §
9-511.7, 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 persons or to the environment;
B. Causes or may cause interference with the operations of or damage
to the AWTF; or
C. Causes the City to violate any condition of its NPDES permit.
[Ord. No. 20-1992]
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 be ceased 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;
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; and
B. Submission to the City of proof of elimination of any noncomplying
discharge; and
C. Submission, within 15 days of the occurrence, of a detailed report
describing the causes of the noncomplying discharge and the measures
taken to prevent any future occurrence; or
D. Access to the premises in question for enforcement purposes is assured;
or
E. Submission of a detailed report describing the measures taken to
ensure present and future compliance with the terms and conditions
of a permit; or
F. Evidence of compliance with federal, state and local laws, rules
and regulations is submitted; or
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.
[Ord. No. 20-1992]
Whenever the superintendent finds that any person has violated
or is violating any provisions of the chapters 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, of 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 §
9-511.7, 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.
[Ord. No. 20-1992; amended 12-11-2007 by Ord. No. 29-2007]
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
provision, a significant 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 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 violations or group of violations the AWTF considers to
be significant.
Any person who violates any of the terms, provisions or requirements of Chapters
9-501 through
9-509, 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.
[Ord. No. 27-1990]
Whenever notice is necessary under this chapter, 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.