[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:
(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;
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.
