[Ord. 12-1992, 5/13/1992, § 5.1; as amended by
Ord. 15-2003, 12/12/2003]
Whenever the Authority finds that any user has violated or is
violating this Chapter, his permit, or any prohibition or limitation
of requirements contained herein, the Authority may serve upon such
a user a written notice, which shall be certified or registered to
the last known address of the user, stating the nature of the violation.
Within five days of the certified receipt of the NOV, the user shall
submit to the Authority, a written response which contains the following
information:
B. Anticipated duration of the non-compliance and the time by which
the violation will be corrected;
C. Steps taken by the User to reduce and eliminate the non-complying
discharge;
D. Steps taken by the User to prevent re-occurrence of the condition(s)
leading to the non-compliance;
E. The signature of an authorized representative of the user that certifies
to the validity of the report.
[Ord. 12-1992, 5/13/1992, § 5.1; as amended by
Ord. 15-2003, 12/12/2003]
1. The Authority may order any user:
A. Who violates their wastewater permit, these Rules and Regulations
or any order issues by the Authority;
B. Who causes or allows an unauthorized discharge to enter the POTW;
C. Who provides an inadequate response to a previous notice of violation;
D. Whose actions result in conditions which could cause the Authority
to violate its NPDES permit or biosolids quality requirements;
E. Whose actions result in a hazardous situation with the Authority
wastewater collection and treatment systems.
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To show cause before the Authority why the proposed enforcement
action should not be taken.
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A notice shall be served on the user specifying the time and
place of a hearing to be held by the Authority regarding the violation,
the reasons why the action is to be taken, the proposed enforcement
action, and directing the user to show cause before the Authority
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.
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2. The Authority may itself conduct the hearing and take the evidence
or may designate any of its members or any officer or employee to:
A. Issue in the name of the Authority notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
C. Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Authority
for action thereon.
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At any hearing held pursuant to this Chapter, testimony taken
must be under oath and recorded stenographically. 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 therefor.
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[Ord. 12-1992, 5/13/1992, § 5.3; as amended by
Ord. 15-2003, 12/12/2003]
Whenever the Authority finds that any user has violated or continues
to violate this Chapter, his permit conditions or orders, or any prohibition
or limitation of requirements contained herein, the Authority may
serve upon such user an administrative order to the user responsible
for the discharge containing specific requirements to which the user
must comply. The order may contain the following requirements:
A. Following a specified time period sewer service shall be discontinued
unless adequate treatment facilities, devices, or other related appurtenances
have been installed and are properly operating;
B. Conditions as might be reasonable necessary and appropriate to address
the non-compliance, including the installation of pretreatment technology,
additional self-monitoring and/or management practices;
[Ord. 12-1992, 5/13/1992, § 5.4; as amended by
Ord. 15-2003, 12/12/2003]
1. The Authority may immediately suspend a permit when such suspension
is necessary in the opinion of the Authority to stop an actual or
threatened discharge which presents, or may present, an imminent or
substantial endangerment to the health or welfare of persons, to the
environment, or causes interference to the POTW, or causes the Authority
to violate any condition of its NPDES permit or biosolids quality
requirements.
2. Any user notified of a suspension of his permit under this Section
shall immediately stop or eliminate the discharge. In the event of
a failure of the user to comply voluntarily with the suspension order,
the Authority may take steps as deemed necessary to prevent or minimize
damage to the POTW system or endangerment to any individuals. The
Authority shall reinstate the permit upon proof of the elimination
of the noncomplying discharge by the user, payments of any damages,
fines, penalties or costs associated with the discharge, and the submission
of a detailed written statement describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence.
This statement must be submitted to the Authority within five days
of the date of occurrence.
3. Additionally, any user is subject to suspension/termination of his
permit granted under this Chapter for violation of applicable State
and Federal regulations or by reason of the commission of any of the
following acts:
A. Failure to report factually on discharge wastewater constituents
and characteristics.
B. Failure to report significant changes in operations or wastewater
constituents and characteristics.
C. Refusal to permit reasonable access to the premises for inspection
and monitoring.
D. Violation of the conditions permit.
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Non-compliant users will be notified of the proposed termination
of their permit in writing.
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4. Appeal. A user, upon receipt of notification of suspension or revocation of his permit, may appeal the decision in writing to the Authority with a statement of reasons therefor within 10 days of the notice. Such an appeal shall not be cause for the discharge to continue if the suspension or revocation was issued to stop a harmful contribution under §
18-162.
5. Notice of Hearing. Thereafter, upon notice in writing given to the
permit holder or any agent or officer thereof at least five days prior
to the time fixed therefor, the Authority shall convene and conduct
a hearing on the propriety or lack thereof of the notice of suspension
or revocation. The cost of stenographic transcript of such a proceeding
shall be borne by the appellant who shall pay a filing fee of $300
to cover the cost thereof.
6. Method of Decision. The findings and determinations of the Authority
shall be in writing and shall be mailed certified or registered to
the user or his duly authorized representative within 48 hours of
the hearing, with a certified copy thereof to be filed with the Authority's
WWTP Plant Manager who originally served the notice of suspension
or revocation. The determination shall be binding both upon the Authority
and all parties in interest.
7. Action Following Appeal Decision. If the decision of the Authority
sustains the notice of suspension or revocation of permit, the user
shall be given 10 days notice of the new date of suspension or revocation
by the Authority.
[Ord. 12-1992, 5/13/1992, § 5.5; as amended by
Ord. 15-2003, 12/12/2003]
Notwithstanding any contrary provision of this Part, if any
person discharges sewage, industrial wastes or other wastes into the
Authority's wastewater system contrary to the provisions of this
Chapter, Federal or State pretreatment requirements, permits issued,
or any order of the Borough and/or Authority; or violates any other
provision of this Chapter, (including nondischarge violations) the
Authority and/or Borough attorneys may commence an action for appropriate
legal and/or equitable relief in any court of competent jurisdiction.