A.
Significant industrial users. All significant users proposing to
connect to or discharge to the sewer system shall obtain a wastewater
discharge permit at least 90 days before connecting to or discharging
to the sewer system. All existing significant industrial users connected
to or discharging to the sewer system shall apply for a wastewater
discharge permit within 45 days after notification from the Borough.
Following its review of the information provided, including any additional
information which may be requested by the Borough, the Borough will
issue or deny the issuance of a wastewater discharge permit to the
significant user.
B.
Other industrial users. Industrial users which are not significant
industrial users do not require a wastewater discharge permit, but
are required to comply with all other provisions of this chapter.
If an industrial user makes changes to processes, flows, wastewater
concentrations, wastewater characteristics or other changes which
result in the industrial user meeting the definition of significant
industrial user, the industrial user shall immediately upon becoming
aware that such a change has occurred or 90 days prior to such a change
if it is planned, notify the Borough and apply for a wastewater discharge
permit.
C.
Permit applications.
(1)
Significant users required to obtain a wastewater discharge permit
shall complete and file with the Borough an application in the form
prescribed by the Borough, and accompanied by the fee prescribed in
the Borough's schedule of fees, at least 90 days prior to connecting
to or discharging to the sewer system. In support of the application,
the industrial user may be required to submit any or all of, in units
and terms appropriate for evaluation, the following information:
(a)
Name, address and location (if different from the address).
(b)
SIC number or numbers according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(c)
Wastewater constituents and characteristics as required by the
Borough, as determined by a qualified analyst:
[1]
Sampling and analyses shall be performed in accordance with
procedures established by the EPA pursuant to § 304(g) of
the Act and contained in 40 CFR, Part 136, as amended.
[2]
Sample results shall be accompanied by a signed statement of
the authorized representative that the samples analyzed are representative
of normal discharge during the routine operation of the discharging
facility.
(d)
Each product by type, amount, process or processes and rate
of production.
(e)
Type and amount of raw materials processed (average and maximum
per day).
(f)
Number and type of employees and hours of operation of plant
and proposed or actual hours of operation of pretreatment system.
(g)
Time and duration of wastewater of industrial waste contribution.
(h)
Average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variation, if any.
(i)
Site plans, floor plans, mechanical and plumbing plans and details
to show all building sewers, sewer connections and appurtenances by
size, location and elevation.
(j)
Description of activities, facilities and plant processes on
the premises, including all materials which are or could be discharged.
(k)
The nature and concentration of any pollutants in the discharge
which are limited by any Borough, state or national pretreatment requirements
(including local limits), or categorical standards and a statement
regarding whether or not the categorical standards or pretreatment
requirements are being met on a consistent basis, and if not, how
the industrial user proposes to meet the pretreatment standards and
requirements, including whether additional operation and maintenance
(O&M) and/or additional pretreatment is required for the industrial
user to meet the applicable standard. If the applicant is a categorical
industrial user, this statement shall be signed by a certified professional.
(l)
If additional pretreatment and/or O&M will be required to
meet categorical standards or other pretreatment requirements (including
local limits), the shortest schedule by which the industrial user
will provide such additional pretreatment shall be developed and submitted.
(m)
Any other information as may be deemed by the Borough to be
necessary to evaluate the application.
(n)
The application shall be signed and attested to by an authorized
representative of the industrial user.
(2)
The Borough will evaluate the data furnished by the industrial user
and may require additional information. After evaluation and acceptance
of data furnished, the Borough may issue a wastewater discharge permit
subject to terms and conditions provided them.
D.
Confidentiality of applicants.
(1)
All information required by the Borough in the permit application
shall be provided by the industrial user to the best of its ability.
(2)
If information regarding raw materials, processes, production rate
or other manufacturing information is regarded as confidential by
the industrial user, each page of such confidential information shall
be marked "confidential" on the application form.
(3)
Confidentiality shall not apply to information regarding the flow
of or the constituents in the industrial wastewater discharge.
E.
Permit modifications. The wastewater discharge permit of a significant
user may be revised by the Borough when:
(1)
Necessitated to protect public health, welfare and safety.
(2)
In response to a change in process or discharge by the significant
industrial user.
(3)
In response to a change in Borough, county, state or federal regulations.
(4)
In response to a change in the Borough's NPDES permit, or any
other permit, or a change in county, state or federal regulations
governing sludge disposal, air quality or water quality.
F.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of any Borough ordinance and all other applicable
regulations, charges and fees established by the Borough. Permits
may contain the following:
(1)
Limitations on the average and maximum wastewater constituents and
characteristics including, but not limited to, flow, pollutant concentrations
and mass limits.
(2)
Limitations on average and maximum rate and time of discharge or
requirements for flow regulations and equalization.
(3)
Requirements for installation and maintenance of inspection, sampling
and monitoring facilities.
(4)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
(5)
Compliance schedule and reporting requirements.
(6)
Requirements for submission of technical reports or discharge reports.
(7)
Requirements for maintaining and retaining records relating to wastewater
discharge as specified by the Borough and affording Borough access
thereto.
(8)
Requirements for notification of the Borough of any new discharge
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being discharged to the
sewer system.
(9)
Requirements for notification of slug loads and accidental discharges.
(10)
Other conditions as deemed appropriate by the Borough to insure
compliance with any Borough ordinance, or state and federal regulations.
G.
Permits duration. Permits shall be issued for such time period as the Borough deems appropriate and in the best interest of the Borough, but not to exceed five years. Any permit shall expire on a specific date as established by the Borough. The significant industrial user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the significant industrial user existing permit. The terms and conditions of the permit may be subject to modification by the Borough during the term of the permit as described in Subsection E above. The significant industrial user shall be informed of any proposed change in its wastewater discharge permit at least 30 days prior to the effective date of change. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.
H.
Permit transfer. Wastewater discharge permits are issued to a specific
significant industrial user for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to
a new owner, new user, different premises or a new or changed operation
without the approval of the Borough.
I.
Right of permit appeal.
(1)
An industrial user may appeal the issuance of a wastewater discharge
permit, or any conditions as set forth in any such permit, a notice
of denial of a wastewater discharge permit or any modification of
a wastewater discharge permit. An appeal is subject to the following
requirements:
(a)
The appeal must be made in writing to the Borough.
(b)
The appeal must be made within 30 calendar days from the date
of receipt of the wastewater discharge permit, written directions,
or notice of denial, suspension, modification or revocation of a wastewater
discharge permit being appealed by the industrial user.
(c)
The appeal must state the specific provision(s) of a wastewater
discharge permit or the specific directions or actions of the Borough
which are being contested.
(d)
The appeal must state the reasons for the appeal of each provision.
(e)
The appeal may suggest alternate or revised provisions to replace
those appealed.
(2)
Provisions mandated by federal or state regulations (e.g., compliance
with categorical standards) shall not be appealed.
(3)
An appeal shall be made to the Borough, and shall be reviewed by
the Manager.
(4)
Within 30 days of receipt of the appeal, the Manager shall file a
written report with the Borough Council, setting forth the results
of the review by the Manager. The report shall contain, at a minimum:
(a)
A summary of each item appealed, the appellant's reasons
for appeal, and the appellant's proposed remedies, if any.
(b)
The finding of merit for each point, and the reason(s) for finding.
(c)
For each point found to be with merit, a proposed remedy and
a finding that the remedy is allowable under this chapter, and all
applicable federal, state and local rules and regulations and laws.
(5)
The Borough shall review the report and, at one or more regular or
special public meetings, take any additional testimony offered by
the industrial user, Manager, pretreatment coordinator or other interested
party. The Borough shall, within 45 days of the conclusion of testimony,
decide to:
(6)
If the Borough or any hearing board appointed by the Borough shall
have as a member any person who has a financial, legal or other proprietary
interest in the industrial user bringing the appeal, such person shall
excuse himself from any vote which shall determine the decision of
the body in regard to the appeal.
A.
Compliance schedule.
(1)
If a compliance schedule is required to be contained or included
with the application for a wastewater discharge permit, or if under
any other circumstances a compliance schedule is required to be submitted
to the Borough, the following criteria shall govern the preparation
of the compliance schedule.
(a)
The compliance schedule shall clearly show by line items or
clearly describe by numbered categories, all the major phases or steps
which the applicant reasonably believes will be involved in order,
within the shortest possible period of time:
(b)
Example. The line item phases or steps which could be involved
might include: a phase for the selection and retention of a consulting
engineer; a phase for the preparation of preliminary design plans;
a phase for the review and evaluation by the Borough of the preliminary
designs plans; a phase for the preparation of final design plans;
a phase for the preparation of technical specifications, project manuals
and bid documents; a phase for the invitation and receipt of bids;
a phase for the acceptance of bids and the award and execution of
contracts; a phase for construction or installation; and a phase for
testing the facility or process.
(c)
A commencement date and a completion date shall be assigned to each line item phase or step, or to each numbered category phase or step, referred to in Subsection A(1)(a). The period from commencement to completion of a particular phase or step shall be the shortest possible period of time. In no event, however, shall any phase or step exceed nine months in duration from commencement to completion. There shall be no hiatus or interval between one phrase or step and the next.
(d)
The compliance schedule shall show a final date by which compliance
will be achieved on a consistent basis.
(2)
Under no circumstances, however, shall this final date be later than
any mandatory compliance date fixed by the United States Environmental
Protection Agency for compliance with a National Categorical Pretreatment
Standard; any mandatory compliance date fixed by the Borough for compliance
with a prohibition, control, limit, flow equalization standard, pretreatment
standard or regulation issued or prescribed by the Borough; or any
mandatory compliance date fixed by a governmental agency of the state
for compliance with a prohibition, control, limit, standard or regulation
issued or prescribed by the agency.
B.
Compliance schedule reports. If a compliance schedule is approved
by the Borough, the industrial user shall submit to the Borough periodic
compliance schedule reports. The content and frequency of these reports
shall be prescribed by the Borough.
A.
Monitoring facsimiles location. The Borough may require a significant
industrial user to provide and operate at the significant industrial
user's own expense, monitoring facilities to allow inspection,
sampling and flow measurement of the discharge from the significant
industrial user. The monitoring facility should normally be situated
on the significant industrial user's premises, but the Borough
may, when such a location would be impractical or cause undue hardship
on the significant industrial user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
B.
Monitoring facilities construction and maintenance. Whether construction
on public or private property, the monitoring facilities shall be
provided in accordance with the Borough's requirements and all
applicable local construction standards and specifications. There
shall be ample room in or near the monitoring facility to allow accurate
sampling and preparation of samples for transport. Construction shall
be completed within 90 days after construction plans have been approved
by the Borough, in accordance with this chapter. The monitoring facility
shall be maintained at all times in a safe and proper operating condition
at the expense of the significant industrial user.
C.
Detailed plans. Detailed plans showing the intended facilities shall
be submitted to the Borough for review within the time period approved
by the Borough, and shall be acceptable to the Borough before construction
of the facility. The Borough shall notify the significant industrial
user, in writing, when the detailed plans are acceptable for construction.
Approval of the detailed plans by the Borough does not relieve the
significant user of responsibility to make modifications or alterations,
should such be necessary.
D.
Sampling and analysis. All sampling and analysis performed in compliance
with wastewater discharge permit conditions or to prepare the reports
required by this chapter shall be accomplished using techniques specified
in 40 CFR, Part 136, or alternative procedures approved by the Administrator,
or using procedures described in Standard Methods if no EPA-approved
procedure exits. Unless otherwise required, all sampling should be
performed during a normal production day and should reflect the usual
and typical wastewater discharge of the user.
E.
Reporting and resampling of discharge limit violations.
(1)
If, upon receipt of valid sampling and testing results, a significant
industrial user becomes aware that a violation of discharge limits
has occurred, the significant industrial user shall, within 24 hours
of becoming aware of the violation, notify the Borough of this fact.
Within 30 days of becoming aware of this violation, the significant
industrial user shall also sample and analyze its discharge(s) for
each parameter found to be in violation and report the results of
the resampling and analysis to the Borough.
(2)
Each significant industrial user shall have a duty, on receipt of
validity obtained sampling and analysis results, of inspecting the
results and determining if any wastewater discharge permit condition
has been violated. Failure to examine and compare testing results
with wastewater discharge permit conditions shall not be a valid defense
for failure to comply with these reporting conditions.
A.
Appeal of wastewater discharge permit. Any person, including the
significant industrial user, may petition the Borough to reconsider
the terms of a wastewater discharge permit within 30 days of its issuance.
Such an appeal shall be directed to the Sewer Committee of the Borough
Council for its review. Upon consideration of the petition, the Sewer
Committee shall make its recommendations to the Borough Council, whose
decision regarding the appeal will be final.
(1)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
(3)
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
(4)
If Borough fails to act within 60 days following presentation of
the petition to the Sewer Committee, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit, not to issue a wastewater discharge permit, or not
to modify a wastewater discharge permit shall be considered final
administrative action for purposes of judicial review.
(5)
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the court of competent jurisdiction.
B.
Continuation of permit during appeal. During the process of appeal,
the wastewater discharge permit shall remain in effect and shall be
enforced with the exception of those conditions specified in writing
in the appeal. Conditions imposed by federal or state regulations
(e.g., categorical standards) shall not be waived. Conditions which,
in the opinion of the Borough, would constitute a hazard or pose a
potential threat of pollution if waived shall not be waived during
an appeal.
A.
Inspections. The Borough may inspect the facilities of any user to
ascertain whether the purpose of this chapter is being met and that
the user is in compliance with all requirements. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Borough or its representatives ready access at all reasonable
times to all parts of the premises for the purpose of inspection,
sampling, records examination and copying or in the performance of
its duties. The Borough and its agents shall have the right to set
up on the user's property such devices as are necessary to conduct
sampling, inspection, compliance monitoring and/or metering operations.
Where a user has security measures in force which would require proper
identification and clearance before entry onto their premises, the
user shall make necessary arrangements with its security personnel
so that, upon presentation of suitable identification, personnel from
the Borough will be permitted to enter, without delay, for the purpose
of performing their specific responsibilities.
B.
Pretreatment facilities. Industrial users shall provide necessary
wastewater pretreatment as required to comply with this chapter and
shall achieve compliance with all applicable categorical standards
within the time limitations as specified by the applicable categorical
standards. Any facility required for pretreatment shall be provided,
operated and maintained at the industrial user's expense. Detailed
plans showing the pretreatment facilities and operating procedures
shall be submitted to the Borough for review, and shall be acceptable
to the Borough before construction of the facility. The review of
such plans and operating procedures will in no way relieve the industrial
user from the responsibility of modifying the facility as necessary
to produce a discharge which complies with the provisions of this
chapter. Any subsequent changes in the pretreatment facilities or
method of operation shall be reported and be acceptable to the Borough
prior to the industrial user's initiation of the charges. The
review and acceptance of plans and procedures by the Borough shall
not be considered as an approval regarding their efficacy, safety
or reliability; such considerations are solely the responsibility
of the industrial user.
C.
Change in operations.
(1)
Any industrial user contemplating or planning a change in the manufacturing
process, raw materials, auxiliary processes, pretreatment processes
or other changes which may result in changes to wastewater character,
composition, volume or rate of flow, shall notify the Borough in writing
at least 30 days prior to making such a change, or, if the change
is not planned, immediately upon the decision to make such a change.
If a change in wastewater characteristics occurs without the knowledge
of the industrial user, the industrial user shall report the change
immediately upon becoming aware of it. The report shall include all
information necessary to determine the effect on the change of the
wastewater.
(2)
The Borough may, on receipt of such a report:
(a)
Continue an existing wastewater discharge permit in effect.
(b)
Require application for a new wastewater discharge permit.
(c)
Modify an existing wastewater discharge permit to reflect the
changed nature of the waste.
(d)
Rescind and reissue an existing wastewater discharge permit
in order to make substantial changes in wastewater discharge permit
conditions.
(e)
Revoke an existing wastewater discharge permit or require the
industrial user to cease or prevent the discharge.
(f)
Take such other action as it deems appropriate.
A.
Baseline monitoring reports.
(1)
As soon as possible following the promulgation of a categorical standard,
the industrial user subject to such standards shall comply with such
categorical standard within the time frame prescribed by the categorical
standard.
(2)
Where an industrial user, subject to a newly promulgated categorical standard, has not previously submitted an application for a wastewater discharge permit as required by § 190-30 of this chapter, the industrial user shall, within 180 days after the promulgation of the applicable categorical standard:
(3)
An industrial user with an existing wastewater discharge permit shall
submit to the Borough within 180 days after the promulgation of an
applicable categorical standard the information required by 40 CFR
403.12(b).
(4)
A new source or an industrial user that becomes a categorical industrial
user through a change in facilities or processes shall submit a report
containing the information required by 40 CFR 403.12(b) at least 90
days prior to commencement of discharge from the regulated process
or facility.
B.
Categorical compliance report. Within 90 days following the date
for final compliance with applicable categorical standards, or in
the case of a new source, following commencement of the discharge
of industrial waste from processes regulated by categorical standards
into the sewer system, any industrial user subject to categorical
standards shall submit to the Borough a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by categorical standards and the average
and maximum daily flow for those process units in the industrial user's
facility which are limited by such categorical standards. The report
shall certify that the information contained therein concerning wastewater
constituents and flows is representative of discharges during normal
work cycles. The report shall also state whether the applicable categorical
standards are being met on a consistent basis and, if not, what additional
operation and management practices and/or pretreatment is necessary
to bring the industrial user into compliance with the applicable categorical
standards, and including a schedule for completion of the required
actions in the form described in this chapter. Such a schedule shall
not have a compliance date later than that established for the applicable
categorical standard. This statement shall be signed by an authorized
representative of the industrial user, and certified to by a certified
professional.
C.
Periodic compliance reports.
(1)
All significant industrial users shall report to the Borough at least
twice a year, the date of the report to be as determined by the Borough
and contained in the wastewater discharge permit. Reports may be required
more frequently if deemed necessary by the Borough.
(2)
The reports required under this section shall contain, at a minimum,
the measured concentration of all pollutants regulated by the wastewater
discharge permit, a record of all measured daily flows which exceeded
the average daily flow value reported, and a statement of accuracy
and completeness signed and certified by the authorized representative
of the significant industrial user.
(3)
For significant industrial users subject to categorical standards,
if discharge limits are based on mass units per production unit, then
production information regarding the regulated processes during the
reporting period shall be included in the report, along with flow
and concentration values, so that a determination of compliance or
noncompliance with categorical standards can be made.
(4)
For significant industrial users subject to categorical standards,
the certification of compliance with those standards, signed by a
certified professional.
A.
Availability of information. Information and data on an industrial
user obtained from reports, questionnaires, wastewater discharge permit
applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the industrial user specifically requests and is
able to demonstrate to the satisfaction of the Borough that the release
of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the industrial
user. When requested by the person furnishing a report, and supported
by evidence acceptable to the Borough as to need for protection of
confidential material, the portion of the report that might disclose
trade secrets or secret processes shall not be made available for
inspection by the public but shall nevertheless be made available
upon written request to governmental agencies for uses related to
all Borough ordinances, the NPDES permit, any state disposal system
permit and/or the programs under applicable categorical standards
or for use by the Borough, any state, the United States or any state
or federal agency in judicial review or enforcement proceedings involving
the industrial user or the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
B.
Industrial user notification. Before any information accepted by
the Borough as confidential is transmitted to any governmental agency
by the Borough, a notification to the industrial user shall be provided
listing the confidential information to be transmitted and the governmental
entity requesting such information.
C.
Storage of records. The Borough shall maintain a secure place to
store records containing confidential information and shall insure
that all records marked as confidential are kept secure from casual
or public scrutiny.
(1)
The Borough shall keep and maintain all records relating to the administration
and enforcement of the industrial pretreatment requirements including,
but not limited to, wastewater discharge permit applications, investigations
and calculations, wastewater discharge permits, inspection reports,
industrial users reports, sampling results and enforcement activities,
for a minimum of three years. In cases of ongoing litigation, records
shall be maintained as long as they may be required.
(2)
All industrial users shall keep and maintain records of monitoring
activities and results, wastewater discharge permits and reports to
the Borough for a minimum of three years. This period shall be automatically
extended for the duration of any litigation concerning compliance
with this chapter, or where the industrial users has been notified
of a longer retention period by the Borough.
A.
Right to refuse. The Borough reserves the right to accept wastewater,
or combinations of wastewater, which are discharged in violation of
the terms or conditions of this chapter, or any written directions
issued by the Borough pursuant to the conditions of this chapter.
The Borough may take such steps as it deems necessary, as outlined
in this chapter, to compel discontinuance of use of the sewer system
or pretreatment of industrial wastes in order to comply with the provisions
of the industrial pretreatment regulations.
B.
Revocation of permit.
(1)
Any industrial user who violates the following conditions of this
chapter, or applicable state and federal regulations, is subject to
having its wastewater discharge permit revoked.
(a)
Failure of an industrial user to factually report to the wastewater
constituents and characteristics of its discharge in any application
for wastewater discharge permit, or in any reports required by this
chapter.
(b)
Failure of the industrial user to report significant changes
in operations, or wastewater constituents and characteristics as required
by this chapter.
(c)
Refusal of reasonable access to the industrial user's premises
for the purpose of inspection or monitoring.
(d)
Violation of conditions of the wastewater discharge permit.
(2)
Discharge of any industrial waste to the sewer system by a significant
industrial user without a wastewater discharge permit is an unauthorized
discharge as provided by this chapter, and is subject to the penalties
provided herein.
(3)
Any industrial user notified of a revocation of its wastewater discharge
permit shall immediately stop or eliminate the discharge. In the event
of a failure of the industrial user to comply voluntarily with the
notice of revocation, the discharge shall be considered an unauthorized
discharge and the Borough shall take such steps as deemed necessary,
which may include immediate severance of the connection between the
building sewer and the sewage collection system or discontinuance
of water service, to prevent or minimize damage to the sewer system
or endangerment to the environment or any improved property.
C.
Suspension of permit.
(1)
The Borough may suspend the wastewater discharge permit when such
suspension is necessary, in the opinion of the Borough, in order 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, causes interference or pass through,
or causes the Borough to violate any condition of its NPDES permit
or any other national or state law, rule, regulation or permit condition.
(2)
Any industrial user notified of a suspension of its wastewater discharge
permit shall immediately stop or eliminate the discharge. In the event
of a failure of the industrial user to comply voluntarily with the
notice of suspension, the discharge shall be considered an unauthorized
discharge and the Borough shall take such steps as deemed necessary,
including immediate severance of the connection between the building
sewer and the sewage connection system or discontinuance of water
service to prevent or minimize damage to the sewer system or endangerment
to the environment or any improved property or persons.
(3)
If a wastewater discharge permit has been suspended as a result of
an unauthorized discharge, which discharge resulted in or contributed
to damages to the sewer system or to any person or improved property,
the wastewater discharge permit shall not be reinstated until such
time as all such damages have been satisfied.
(4)
The Borough shall reinstate the wastewater discharge permit upon
submission of proof by the industrial user of the elimination of the
unauthorized discharge. A detailed written statement submitted by
the industrial user describing the causes of the unauthorized discharge
and the measures taken to prevent any future occurrence shall be submitted
to the Borough within 15 days of the date of occurrence.
D.
Notice of violation. Whenever the Borough finds that any industrial
user has violated or is violating this chapter, its wastewater discharge
permit, or any prohibition, limitation or requirements contained herein,
the Borough may serve upon such industrial user a written notice stating
the nature of the violation, and requiring a response within a specified
time. Responses required of industrial users may include, but are
not restricted to, actions, plans, compliance schedules or written
explanations.
E.
Show cause hearing.
(1)
The Borough may direct any industrial user who causes or allows an
unauthorized discharge to enter the sewer system or who violates any
condition or requirement of this chapter or its wastewater discharge
permit, to show cause before the Borough why the proposed enforcement
action should not be taken. A written notice shall be served on the
industrial user specifying the time and place of a hearing to be held
by the Borough regarding the violation, the reasons why the action
is to be taken, the proposed enforcement action and directing the
industrial user to show cause before the Borough 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 if the industrial
user is a corporation.
(2)
The Borough may itself conduct the hearing and take the evidence,
or may designate any of its members or any representative to:
(a)
Issue in the name of the Borough notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(b)
Take the evidence.
(c)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Borough for
action thereon.
(3)
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 thereof.
(4)
After the Borough has received the evidence, it may, in writing,
direct the industrial user to take certain actions to correct the
unauthorized discharge or to achieve compliance. The actions which
may be directed include, but are not limited to:
(a)
Installation of pretreatment facilities.
(b)
Modification or additions to existing pretreatment facilities
or equipment.
(c)
Initiation of management practices which are required to alter
the nature of the industrial waste being discharged.
(d)
Development or implementation of SPCC plans or other measures.
(e)
Other measures found to be necessary to correct the unauthorized
discharge or other noncompliance.
(f)
The directed actions may be in the form of a schedule for compliance
setting dates by which certain actions shall be taken.
(5)
Failure of an industrial user to comply with written directions issued
pursuant to a hearing constituents a violation of this chapter.
F.
Administrative orders. The Borough may issue written directions as described in Subsection E of this section without a show cause hearing if the Borough determines that such directions are necessary to correct conditions or remedy continuing violations of this chapter or any wastewater discharge permit or other industrial pretreatment requirements, the Borough or federal or state regulations.
G.
Right of appeal of enforcement actions.
(1)
An industrial user may appeal the enforcement actions enumerated in Subsections B and C of this section. All appeals are subject to the following requirements:
(a)
The appeal must be made in writing to the Borough.
(b)
The appeal must be made within 30 days from the date of receipt
by the industrial user of the notice of suspension or revocation of
a wastewater discharge permit.
(c)
The appeal must either admit or deny the violations of this
chapter, or provisions mandated by federal or state regulations, cited
by the Borough in the suspension or revocation of a wastewater discharge
permit. In the event the industrial user lacks sufficient information
to either admit or deny the alleged violation, the industrial user
shall so state the lack of such knowledge.
(d)
The appeal must state the reasons for the appeal, and the reasons
why the suspension or revocation is improper.
(2)
Provisions mandated by federal or state regulations (e.g., compliance
with categorical standards) shall not be appealed, except for an appeal
alleging that such provisions have not be violated.
(3)
The Borough shall have the right to establish a fee for the filing
of any such appeal as shall be established by resolution adopted by
the Borough. Such fee shall be for the purposes of paying costs incurred
by Borough in the conducting of a hearing on such appeal.
(4)
The Borough may require the posting of a bond by the industrial user in the amount of $30,000, being the maximum fine for violation of this chapter, multiplied by 30 days, being the minimum number of days in which such alleged violation would continue during proceedings in this appeal. In the event the appeal is denied, such bond shall be utilized for the purpose of payment of any fine imposed by any court of competent jurisdiction pursuant to § 190-38.
(5)
Within 30 days of the receipt of the appeal, the Borough Council
shall conduct a public hearing. At such hearing, Borough Council shall
take testimony and examine evidence regarding the alleged violation
as set forth in the notice of suspension or revocation. Parties shall
have the right to representation by an attorney. Witnesses shall be
subject to cross examination. Formal rules of evidence shall not apply.
The industrial user shall have the right to present witnesses and
evidence, and offer testimony regarding such alleged violation. All
witnesses shall be sworn or affirmed. A stenographic record of the
proceedings shall be made. Such hearing shall be otherwise conducted
in accordance with the provisions of the Pennsylvania Public Agency
Law.
(6)
Within 15 days of closing testimony, the Borough Council shall issue
a written decision either granting the appeal, or portions of the
appeal, applying such remedies as Borough Council deems proper, or
shall deny the appeal. The decision of Borough Council in such appeal
shall constitute final administrative action.
(7)
If the Borough or any person or any member of Borough Council, shall
have as a member, any person who has a financial, legal or other proprietary
interest in the industrial user, bringing the appeal, such person
shall disclose any such interest, and shall recuse himself from any
participation in the hearing and from any vote which shall determine
the decision of the body in regard to the appeal.
H.
Civil actions. If a person violates the provisions of this chapter,
including local national or state pretreatment requirements, categorical
standards or any wastewater discharge permit or written directions
issued by the Borough, the Borough may commence an action for appropriate
legal and/or equitable relief in the Court of Common Pleas of Northampton
County, or any other appropriate forum.
I.
Injunctive relief. If any person causes or permits an unauthorized
discharge to occur or otherwise violates the conditions imposed by
this chapter or any wastewater discharge permit or written directions
issued by the Borough, or any national or state pretreatment requirement,
the Borough may commence an action in the Court of Common Pleas of
Northampton County, or any other appropriate forum, for injunctive
relief to stop the unauthorized discharge or other violation or to
require compliance with the applicable condition.
A.
Civil penalties. Any user who is found to have failed to comply with
any provision of this chapter may be find not less than $100 nor more
than $1,000 for each offense. Each day during which a violation shall
occur or continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, the Borough may recover
reasonable attorney fees, court costs, court reporters' fees
and other expenses of litigation by appropriate suit at law against
the user who is found to have violated this chapter.
B.
Falsifying information. Any person who knowingly makes any false
statements, representation or certification in any application, record,
report, plan or other document produced, filed or required to be maintained
pursuant to this chapter, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this chapter shall, upon conviction thereof, be punished by a fine
of not more than $1,000 or by imprisonment for not more than six months
or both.