[HISTORY: Adopted by the Board of Commissioners of the Township
of Stonycreek 6-9-2009 by Ord. No. 603.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 151,
Wastewater Management, adopted 4-11-1995 by Ord. No. 524, as amended.
This chapter replaces in its entirety Ordinance Nos. 460, 492,
507, 524 and 551.
The terms as used in this chapter 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
or 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.
The United State Environmental Protection Agency or other
governmental agency authorized to review and approve the JRS' industrial
pretreatment or other source control program.
A program for pretreatment of industrial waste approved by
the Environment 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 Enforcement Response Program as approved by the US EPA
and provided to the municipality by the JRS.
The Board of Commissioners of Stonycreek Township.
Johnstown Regional Sewage, an enterprise operation of the
Redevelopment Authority of the City of Johnstown, and operating as
and fulfilling the functions of PWTA, Public Wastewater Treatment
Authority, and POTW, publicly owned treatment works, as referred to
in applicable state and federal laws and regulations.
Limitation on concentrations and absolute volumes of contaminants
introduced into the sewage collection system.
The Township of Stonycreek, Cambria County, Pennsylvania.
A.
The governing body of the municipality here 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 and 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." 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 chapter.
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 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
A,[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 overall characteristics
of wastewater 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 revisions shall only be implemented after
the modifications have been reviewed and determined to be acceptable
by the approved authority (US EPA). Revised pretreatment program local
discharge limits will be issued as Appendix A to the applicable rules,
and issued to all municipalities.
[1]
Editor's Note: Appendix A is on file in the Township offices.
A.
Consistent with the rules adopted by the Authority and due process
rights to administrative hearing 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 municipality 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, as amended,[1] and the implementing regulations adopted by the approval
authority found at 40 CFR Part 403, and specifically authorizes the
JRS to:
(1)
Deny or condition new or increased contribution or 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;
(2)
Require compliance with applicable pretreatment standards and requirements
by industrial users;
(3)
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 control mechanisms issued to each such user except as
exempted by current federal regulations.
(4)
Assess and collect fees for permits and permit-related activities.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
B.
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 order, rule or permit conditions,
issued hereunder, general or individual shall be deemed to be a violation
of this chapter.
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 403.12(o), to
assure compliance with pretreatment standards.
A.
Delegation. The JRS is hereby designated as the responsible party
and agent of the municipality for purpose of enforcing the provision
of this chapter. The JRS is hereby authorized to initiate actions
in its own name or acting in the name of the municipality for violation
of this chapter, or to bring civil actions in equity or law to ensure
compliance or prevent violation of 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, modification
to the Enforcement Response Plan will be established and formally
adopted by the JRS after the modifications have been approved by the
approval authority (US EPA). After formal adoption by the JRS, the
new modifications become automatic in this municipality. A revised
Enforcement Response Plan will become automatic in this municipality.
A revised Enforcement Response Plan will be issued by the JRS to all
municipalities for inclusion in their ordinance as a replacement.
No formal adoption process by the governmental body is necessary for
the revisions to the Enforcement Response Plan to become effective
and part of this chapter.
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 chapter, in the amount of $1,000 a day, as permitted
by 53 P.S. § 66601 of the Second Class Township Code, as
amended, 53 P.S. § 58301 et seq. of the First Class Township
Code, as amended,[1] 53 P.S. § 48301 of the Borough Code, as amended,[2] and 53 P.S. § 41303 of the Optional Third Class
City Code, as amended.
(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. The authorization to assess penalties is in addition
to authority already granted to the JRS under provisions of 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 Public 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. § 551
et seq., to be followed, including the name, address and telephone
number of the person responsible for accepting such appeal.
