Borough of Northampton, PA Specific Regulation of Industrial Waste Discharges to Sewer System

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:

Name, address and location (if different from the address).

SIC number or numbers according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

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.

Each product by type, amount, process or processes and rate of production.

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.

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.

Confidentiality of applicants.

All information required by the Borough in the permit application shall be provided by the industrial user to the best of its ability.

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.

Confidentiality shall not apply to information regarding the flow of or the constituents in the industrial wastewater discharge.

Information accepted by the Borough as confidential shall be handled as detailed in § 190-36 of this chapter.

Permit modifications. The wastewater discharge permit of a significant user may be revised by the Borough when:

Necessitated to protect public health, welfare and safety.

In response to a change in process or discharge by the significant industrial user.

In response to a change in Borough, county, state or federal regulations.

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.

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:

Limitations on the average and maximum wastewater constituents and characteristics including, but not limited to, flow, pollutant concentrations and mass limits.

Limitations on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection, sampling and monitoring facilities.

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules.

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.

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.

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.

Right of permit appeal.

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:

The appeal must be made in writing to the Borough.

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.

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.

The appeal must state the reasons for the appeal of each provision.

The appeal may suggest alternate or revised provisions to replace those appealed.

Provisions mandated by federal or state regulations (e.g., compliance with categorical standards) shall not be appealed.

An appeal shall be made to the Borough, and shall be reviewed by the Manager.

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 summary of each item appealed, the appellant's reasons for appeal, and the appellant's proposed remedies, if any.

The finding of merit for each point, and the reason(s) for finding.

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.

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:

Grant the appeal or portions of the appeal, applying such remedies as it deems proper.

Deny the appeal.

The decision by the Borough constitutes final administrative action.

(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.

§ 190-31 Compliance schedule.

Compliance schedule.

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.

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:

[1]

To place a new pretreatment facility or process into operation and to achieve compliance on a consistent basis;

[2]

To bring an existing facility or process into compliance on a consistent basis; or

[3]

To achieve compliance in some other respect or under some other circumstance.

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.

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.

The compliance schedule shall show a final date by which compliance will be achieved on a consistent basis.

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.

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.

§ 190-32 Monitoring facilities, sampling and analysis.

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.

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.

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.

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.

Reporting and resampling of discharge limit violations.

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.

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.

§ 190-33 Administrative appeals.

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.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

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.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

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.

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.

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.

§ 190-34 Inspections; pretreatment facilities; changes.

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.

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.

Change in operations.

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.

The Borough may, on receipt of such a report:

Continue an existing wastewater discharge permit in effect.

Require application for a new wastewater discharge permit.

Modify an existing wastewater discharge permit to reflect the changed nature of the waste.

Rescind and reissue an existing wastewater discharge permit in order to make substantial changes in wastewater discharge permit conditions.

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.

§ 190-35 Reports.

Baseline monitoring reports.

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.

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:

Apply for a wastewater discharge permit; and

Provide the baseline monitoring information required by 40 CFR 403.12(b). This information may be incorporated into the application for a wastewater discharge permit.

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).

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.

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.

Periodic compliance reports.

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.

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.

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.

For significant industrial users subject to categorical standards, the certification of compliance with those standards, signed by a certified professional.

§ 190-36 Confidential information.

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.

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.

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.

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.

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.

§ 190-37 Enforcement.

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.

Revocation of permit.

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.

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.

Failure of the industrial user to report significant changes in operations, or wastewater constituents and characteristics as required by this chapter.

Refusal of reasonable access to the industrial user's premises for the purpose of inspection or monitoring.

Violation of conditions of the wastewater discharge permit.

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.

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.

Suspension of permit.

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.

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.

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.

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.

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.

Show cause hearing.

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.

The Borough may itself conduct the hearing and take the evidence, or may designate any of its members or any representative to:

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.

Take the evidence.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Borough for action thereon.

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.

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:

Installation of pretreatment facilities.

Modification or additions to existing pretreatment facilities or equipment.

Initiation of management practices which are required to alter the nature of the industrial waste being discharged.

Development or implementation of SPCC plans or other measures.

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.

Failure of an industrial user to comply with written directions issued pursuant to a hearing constituents a violation of this chapter.

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.

Right of appeal of enforcement actions.

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:

The appeal must be made in writing to the Borough.

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.

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.

The appeal must state the reasons for the appeal, and the reasons why the suspension or revocation is improper.

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.

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.

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.