Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
[Adopted 10-12-2006 by Ord. No. 628]
This article is adopted to promote and protect the public health, safety, comfort, convenience and other aspects of the general welfare. These general goals include, among others, the specific enforcement of the various standards, rules and regulations promulgated by the Southern Delaware County Authority (SDCA) and any other agency which may succeed the aforementioned agency.
The Southern Delaware County Authority's Standards, Rules and Regulations are hereby adopted by Upper Chichester Township to govern the conduct of all discharges into the sewer system maintained and operated by SDCA.
A. 
It is intended that this article provide for the enforcement and prosecution of the SDCA Standards, Rules and Regulations.
B. 
The SDCA Standards, Rules and Regulations shall be the minimum standards and shall apply uniformly to each class or kind of user in Upper Chichester Township (the municipality).
The Board of Commissioners of Upper Chichester Township hereby ordains and establishes that any person, firm or corporation who fails or refuses to comply with the SDCA Standards, Rules and Regulations, embodied in the SDCA Resolution No. 06-05, adopted June 6, 2006, as same may be amended from time to time, which is incorporated herein by reference and attached hereto as Appendix A[1] shall be subject to the penalties set forth in this article.
[1]
Editor's Note: Appendix A is on file in the Township offices.
Any person, firm or corporation who shall violate any provisions of this article shall be subject to pay a fine of up to $1,000 or the maximum legal limit of the fining authority, whichever is greater, and/or upon conviction thereof, be sentenced to imprisonment for a term not to exceed 30 days. Every day that each violation of this article and/or SDCA's Standards, Rules and Regulations, as amended, continues shall constitute a separate offense.
A. 
The Township may appoint the Southern Delaware County Authority (SDCA) as its agent having the power of the Township to institute proceedings in the name of the Township against any and all persons, firms, or corporations who violate the provisions of this article.
B. 
In cases involving the prosecution of this article, the Solicitor for Upper Chichester Township and/or the Solicitor of the Southern Delaware County Authority (SDCA), or their designee may cause subpoenas to be issued for all witnesses for the prosecution.
The Board of Commissioners of Upper Chichester Township hereby appoint the Upper Chichester Township Plumbing Inspector and/or the Upper Chichester Township Health Inspector and/or any agent/representative of the Southern Delaware County Authority and/or Upper Chichester Township, as designated from time to time by the Southern Delaware County Authority and/or Upper Chichester Township, to act as the Enforcing Officer hereunder.
This municipality shall have the right to enter facilities of any user to ascertain whether the purpose of this article, and any permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof. Users shall allow the Enforcing Officer or his representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
A. 
Where a user has security measures in force which require proper identification and clearing before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from this municipality or the Southern Delaware County Authority will be permitted to enter without delay, for the purposes of performing their specific responsibilities.
B. 
This municipality and the Southern Delaware County Authority shall have the right to enter upon the user's property, or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.
C. 
This municipality and the Southern Delaware County Authority may require the user to install monitoring equipment which shall be maintained at all times in a safe and proper operating conditions by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.
D. 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Enforcing Officer and shall not be replaced. The costs of clearing such access shall be born by the user.
E. 
Unreasonable delays in allowing this municipality's or the Southern Delaware County Authority's personnel access to the user's premises shall be a violation of this article.
A. 
Notification of violation. Whenever the Enforcing Officer finds that any user has violated or is violating this article or the rules and regulations incorporated herein, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the Enforcing Officer or his agent may serve upon said user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required action, shall be substituted by the user to the Enforcing Officer. Submission of this plan in no way relieves the user of liability for any violation occurring before or after receipt of the notice of violation.
B. 
Consent orders. The Enforcing Officer is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to Subsections D and E below and shall be judicially enforceable.
C. 
Show cause hearing. The Enforcing Officer may order any user which causes or contributes to violation(s) of this article, or the rules and regulations incorporated herein, wastewater discharge permits, or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the Enforcing Officer and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 30 days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user.
D. 
Compliance orders. When the Enforcing Officer finds that a user has violated or continues to violate this article, or the rules and regulations incorporated herein, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirement, he may issue an order to the user responsible for the discharge directing that the user come into compliance with 30 days. If the user does not come into compliance with 30 days, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and property operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged into the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, not does a compliance order release the user from liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.
E. 
Cease and desist orders.
(1) 
When the Enforcing Officer finds that a user is violating this article, or the rules and regulations incorporated herein, the user's wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Enforcing Officer may issue an order to the user directing it to cease and desist all such violation and directing the user to:
(a) 
Immediately comply with all requirements.
(b) 
Take such appropriate, remedial or preventative action as may be needed to property address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(2) 
Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.
F. 
Administrative fines.
(1) 
Notwithstanding any other section of this article, any user that is found to have violated any provision of this article, or the rules and regulations incorporated herein, its wastewater discharge permit, and orders issued hereunder, or any other pretreatment standard or requirement shall be fined in an amount not to exceed $1,000 or the maximum fine allowed under the state law, whichever is higher. Standard fines shall be assessed or a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) 
Assessments may be added to the user's next scheduled sewer services charged and the Enforcing Officer shall have such other collection remedies as may be available for other service charges and fees.
(3) 
Unpaid charges, fines and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance and interest shall accrue thereafter at a rate of 1/2% per month. A lien against the individual user's property will be sought for unpaid charges, fines and penalties.
(4) 
Users desiring to dispute such fines must file a written appeal along with full payment of the fine amount within 30 days of being notified of the fine. Within 14 days of the receipt of the appeal, the Enforcing Officer shall convene a hearing on the matter. In the event the user's appeal is successful, the payment together with any interest accruing thereto shall be returned to the user. The municipality may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.
(5) 
Issuance of an administrative fine shall be a prerequisite for taking any other action against the user.
G. 
Emergency suspension. The Enforcing Officer may immediately suspend a discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of person. The Enforcing Officer may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the system of the Southern Delaware County Authority, of which presents or may present an endangerment to the environment.
(1) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Enforcing Officer shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system of the Southern Delaware County Authority, it receiving stream, or endangerment to any individuals. The Enforcing Officer shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of this municipality that the period of endangerment has passed, unless the termination proceedings set forth in Subsection H are initiated against the user.
(2) 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Enforcing Officer, prior to the date of any show cause or termination hearing under Subsections C and H.
H. 
Termination of discharge.
(1) 
Any user that violates the following conditions of this article, or the rules and regulations incorporated herein, wastewater discharge permits, or orders issued hereunder, is subject to discharge termination:
(a) 
Violation of wastewater discharge permit conditions;
(b) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) 
Failure to report significant change in operations or wastewater volume, constituents and characteristics prior to discharge;
(d) 
Denial of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling;
(e) 
Violation of the pretreatment standards provided for in Article III of this chapter, § 455-14 dealing with general sewer use requirements.
(2) 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection C of this section why the proposed action should not be taken.
A. 
Injunctive relief. Whenever a user has violated an pretreatment standard or requirement or continues to violate the provisions of this article, or the rules and regulations incorporated herein, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, this municipality may petition the Court of Common Pleas through this municipality's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. Such other action appropriate for legal and/or equitable relief may also be sought by this municipality. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.
B. 
Civil penalties.
(1) 
Any user which has violated or continues to violate this article, or the rules and regulations incorporated herein, wastewater discharge permits, or orders issued hereunder, or any other pretreatment standard or requirement shall be liable to this municipality for a maximum civil penalty of $1,000 or the maximum allowed under state law, whichever is higher. The penalty may be imposed for each day of violation. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) 
This municipality may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expense, and the cost of any actual damage incurred by this municipality.
(3) 
In determining the amount of civil liability, the Court shall take into the account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor, as justice requires.
(4) 
Filing a suit for civil penalties shall not be a prerequisite to taking any other action against a user.
C. 
Criminal prosecution.
(1) 
Any user that willfully or negligently violates any provision of this article, or the rules and regulations incorporated herein, wastewater discharge permits, or orders issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine or not more than $1,000 or the maximum fine allowed under state law, whichever is higher. The penalty may be imposed for each day of violation, and imprisonment for not more than one year.
(2) 
Any user that willfully or negligently introduces any substance into the system of the Southern Delaware County Authority which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000, or the maximum allowable under state law, and/or be subject to imprisonment for one year. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law, or federal law.
(3) 
Any user that knowingly makes any false statements, representations or certifications in any application records, report, plan or other documentation filed, or required to be maintained, pursuant to this article, or the rules and regulations incorporated herein, wastewater discharge permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fined of onto more than one year or both.
(4) 
In the event of a second conviction, a user shall be punished by a fine or not more than $1,000 per violation per day or imprisonment for not more than $1,000 per violation per day or imprisonment of not more than one year or both.
D. 
Remedies nonexclusive. The provisions in § 455-49, this section and § 455-51 are not exclusive remedies. This municipality reserves the right to take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the municipality's enforcement response plan. However, this municipality reserves the right to take other action, against any user when the circumstances warrant. Further, this municipality is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
A. 
Performance bonds. The Enforcing Officer may decline to reissue a wastewater discharge permit to any user who has failed to comply with the provisions of this article, or the rules and regulations incorporated herein, any orders, or a previous wastewater discharge permit, unless the user first files a satisfactory bond, payable to this municipality, in a sum not to exceed a value determined by the Enforcing Officer to be necessary to achieve consistent compliance.
B. 
Liability assurance. The Enforcing Officer may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this article, or the rules and regulations incorporated herein, any order, or a previous wastewater discharge permit, unless the user first submits proof that it has obtained financial assurance, and placed sufficient funds in an escrow account, sufficient to restore or repair damage to the system of the Southern Delaware County Authority caused by its discharge.
C. 
Wastewater supply severance. Whenever a user has violated or continues to violate the provisions of this article, or the rules and regulations incorporated herein, orders, or wastewater discharge permits, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
D. 
Public nuisances. Any violation of this article, or the rules and regulations incorporated herein, wastewater discharge permits, or orders issued hereunder, is hereby declared a public nuisance and shall be corrected to abated as directed by the Enforcing Officer or his designee. Any person(s) creating a public nuisance shall be subject to the provisions of Pennsylvania law governing such nuisances, including reimbursing this municipality for any costs incurred in removing, abating or remedying said nuisance.
Notwithstanding anything above to the contrary, Ordinance Nos. 510 and 511[1] shall remain in full force and effect.
[1]
Editor's Note: See Art. Nos. III and IV of this chapter.