Township of Plymouth, PA ADMINISTRATION AND ENFORCEMENT

Discharges prohibited without written authorization. It shall be unlawful to discharge to any sanitary sewer within the Township, or in any area under the jurisdiction of such township, or to the POTW, any wastewater except as authorized by the control authority in accordance with the provisions of this article.

User permit required. All users proposing to connect to and contribute to the POTW shall obtain a user connection permit before connecting to or contributing to the POTW.

Information requirements and payment of costs. The control authority shall require a user of sewer services to provide information needed to determine compliance with this article or other applicable local, state or federal laws, rules or regulations. These requirements may include:

Wastewater discharge peak rate and volume records over a specified time period.

Information on raw materials, processes and products affecting wastewater volume and quality.

Quantity and disposition of specified liquid, sludge, oil, solvent or other materials important to sewer use control.

A plot plan of sewers on the user's property showing sewer facility locations and all proposed sewer connections to these facilities.

Details of systems to prevent and control stormwater from entering municipal sewers.

Details of any significant changes to the nature or quantity of their discharge, including increased flows of twenty-five (25) percent or more, or the promulgation of a categorical pretreatment standard which applies to their discharge.

(7)

Payment of all costs incurred for the information described in this article shall be paid by the user of the sewer services in addition to other charges and sewer rentals.

Measurements, tests and analyses. All measurements, tests and analyses of the characteristics of waters and wastewaters to which reference is made in this article shall be determined in accordance with procedures established by the EPA pursuant to 40 CFR part 136, as amended. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis, subject to approval by the control authority.

Notification of discharges. All users must notify the control authority, township, EPA and the PADEP of discharges to the sewer system which, if disposed of in any other manner, would be considered a hazardous waste under federal regulations, 40 CFR part 261.

(f)

Responsibility of user to submit permits and planning documents. The user shall be responsible for submitting all applicable township, control authority, county, regional, state or federal permits or planning documents required for approval of sewer connection.

Sec. 16 Users or significant users.

[Ord. No. 1457, § 1, 2-15-2006]

Permit required. All users or significant users proposing to connect to or contribute to the POTW shall obtain a user or significant use permit before connecting to or contributing to the POTW. All existing users or significant users connected to or contributing to the POTW shall apply for a significant user permit within thirty (30) days after the effective date of this article.

All users or significant users, where applicable, must also comply with the requirements of the federal categorical pretreatment standards for a particular industrial subcategory. Where a user becomes subject to a new national categorical pretreatment standard, but has not previously submitted an application for a user or significant user permit as required by Sec. 15(b) above, the user shall apply for a user or significant user permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard.

Permit application; required information. The user or significant user required to obtain a significant use permit shall complete and file with the control authority an application in the form prescribed by the control authority, which shall be accompanied by the required fee. In support of the application, the user or significant user shall submit, in units and terms appropriate for evaluation, the following information:

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

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

Wastewater constituents and characteristics, including but not limited to those mentioned in Division 2 of this article, as determined by a reliable analytical laboratory; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act, and contained in 40 CFR part 136, as amended.

Time and duration of contribution.

Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.

(7)

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(8)

The nature and concentration of any pollutants in the discharge which are limited by any control authority, township, state or federal pretreatment standards; and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment is required for the user or significant user to meet applicable pretreatment standards.

(9)

If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by the user or significant user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the use to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

No increment referred to in subsection a. above shall exceed nine (9) months.

No later than fourteen (14) days following each date in the schedule and the final date for compliance, the user or significant user shall submit a progress report to the MIPP Coordinator, including as a minimum whether or not it complied with the increment of progress to be met on such date, and if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user or significant user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the MIPP Coordinator.

(10)

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

(11)

Type and amount of raw materials processed (average and maximum per day).

(12)

Number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(13)

Any other information, including baseline monitoring reports (BMRS) from categorical users, as may be deemed by the Township to be necessary to evaluate the permit and application.

(14)

A list of all other environmental control permits held by or for the facility.

The MIPP Coordinator will evaluate the data furnished by the user or significant user and may require additional information. After evaluation and acceptance of the data furnished, the control authority will issue a user permit subject to terms and conditions provided herein. The MIPP Coordinator may also deny or condition new or increased discharges when they do not meet applicable pretreatment standards and requirements or when they would cause the POTW to violate its NPDES permit.

Permit modifications. Upon the promulgation of a national categorical pretreatment standards, the use or significant user subject to such standards shall submit permit modifications to comply with such standards within the time frame prescribed by such standards.

Permit conditions. User or significant user permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the control authority and the Township by way of separate ordinances. The permit may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

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

Requirements for installation and maintenance of inspection and sampling facilities.

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

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports (see Sec. 19).

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge for a minimum of three (3) years and affording the Township and the control authority access thereto. This retention period may be extended in the case of unresolved litigation or when requested by the approval authority.

(9)

Requirements for notification of the control authority of any new introduction of wastewater constituents or any substantial change being a twenty (20) percent increase or decrease of average annual flow in the volume or character of the wastewater constituents must be made one hundred eighty (180) days prior to being introduced into the wastewater treatment system. The MIPP Coordinator reserves the right to deny or condition new discharges when they do not meet applicable pretreatment standards and requirements or when they would cause the POTW to violate its NDPES permit.

(10)

Requirements for notification of sludge discharges as per Sec. 22.

(11)

Accidental discharge.

(12)

Statement of duration.

(13)

Statement of nontransferability.

(14)

All applicable pretreatment standards for their discharge.

(15)

Statement of all applicable civil or criminal penalties for noncompliance.

(16)

Specification of type and amount of raw materials processed (average and maximum per day).

(17)

Other conditions as deemed necessary by the control authority to ensure compliance with this article.

Permits duration. Permits shall be issued for a specified time period, not to exceed five (5) years. The user or significant user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's or significant user's existing permit. The terms and conditions of the permit may be subject to modification by the MIPP Coordinator during the term of the permit, as limitations or requirements as identified in Division 2 are modified or other just cause exists. The user or significant user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(f)

Permit transfer. The user or significant user permits are issued to a specific user or significant user for a specific operation. A user or significant user permit shall not be reassigned or transferred or sold to a new owner, new user or significant user, different premises, or a new or changed operation without the written approval of the control authority. Any succeeding owner shall also comply with the terms and conditions of the existing permit.

Sec. 17 Reporting requirements for permittee.

[Ord. No. 1457, § 1, 2-15-2006]

Compliance date report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user or significant user subject to pretreatment standards and requirements shall submit to the control authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements. The report shall also include the certification statement as specified in 40 CFR, section 403.6(d)(2)(ii), that the applicable subcategory of the pretreatment standards is being followed. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis, and if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user or significant user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the user or significant user and certified by a licensed professional engineer.

Periodic compliance reports. Any user or significant user shall submit to the MIPP Coordinator during the months of July and January, unless required more frequently by the MIPP Coordinator, a baseline monitoring report (BMR) or periodic compliance report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flow which, during the reporting period, exceeded the average daily flow allowed in the permit. At the discretion of the MIPP Coordinator and in consideration of such factors as local high or low flow rates, holiday, budget cycles, etc., the MIPP Coordinator may agree to alter the months during which the above reports are to be submitted. This report must also contain a statement reviewed by an authorized representative of the user and certified to or signed by a qualified professional indicating whether pretreatment standards are being met, and if not, what additional operation, maintenance or pretreatment is required to meet the applicable standards and requirements.

The MIPP Coordinator may impose mass limitations on significant users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by the paragraph above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user or significant user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established pursuant to section 304(g) of the Act, and contained in 40 CFR part 136 and amendments thereto, or with any other approved test procedures. Sampling shall be performed in accordance with approved techniques.

Record retention. All records and reports referred to in this article shall be retained for a period of three (3) years or, in the event of unresolved litigation, relevant records and reports shall be retained for a period of three (3) years after a final, unappealable order is entered or a final written settlement is reached.

Signatory requirement. All submitted user reports, applications, or other information shall be signed by an authorized representative of the user and shall contain the certification in accordance with 40 CFR 403.12(1).

Sec. 18 Monitoring facilities.

[Ord. No. 1457, § 1, 2-15-2006]

The control authority shall have the MIPP Coordinator, pursuant to 40 CFR 403.8(f)(1)(v), inspect the facilities of any industrial user to ascertain whether the purposes of this article are being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the control authority or its representative ready access during all working hours to all parts of the premises for the purposes of inspection, to conduct independent sampling, record copying and examination, or the performance of any of their duties.

The control authority, MIPP Coordinator and the EPA shall have the right to set up on the user's or significant user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user or significant user has security measures in force which would require proper identification and clearance before entry into his premises, the user or significant user shall make the necessary arrangements with his security guards so that, upon presentation of suitable identification, personnel from the Township, MIPP Coordinator and the EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities.

The control authority shall require monitoring facilities to be provided and operated at the user's own expense to allow inspection, sampling, and flow measurement of the user's building sewer and/or internal drainage system. The monitoring facilities should normally be situated on the user's premises, but the MIPP Coordinator may, when such a location would be impractical or cause undue hardship on the 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. The user shall be responsible for obtaining any required state or Township approvals and permits prior to construction of the monitoring facility.

	There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility's and user's sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
	Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the MIPP Coordinator's requirements and all applicable local construction standards and specifications. Unless directed otherwise by the MIPP Coordinator, construction shall be completed within 90 days following written notification by the control authority.

Sec. 19 Pretreatment.

[Ord. No. 1457, § 1, 2-15-2006]

Users and significant users shall provide necessary wastewater treatment as required to comply with both this article and all applicable federal categorical pretreatment standards within the time limitations as specified by the MIPP Coordinator or in the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the MIPP Coordinator shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the MIPP Coordinator for review and shall be acceptable to the MIPP Coordinator before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the MIPP Coordinator under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the MIPP Coordinator prior to the user's or significant user's initiation of the changes.

The MIPP Coordinator shall annually publish in the largest daily newspaper published or circulated in the Township a list of the users determined to be in significant noncompliance during the previous twelve (12) months. The notification also shall summarize any enforcement actions taken against the users and significant users during the same twelve (12) months. Reference: 40 CFR 403.8(f)(2)(VII).

All records relating to compliance with pretreatment standards shall be made available to officials of the control authority, the Township or EPA or approval authority upon request.

Sec. 20 Confidential information.

[Ord. No. 1457, § 1, 2-15-2006]

Information and data on a user or significant user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the user or significant user specifically requests and is able to demonstrate to the satisfaction of the Township that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user or significant user.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this article, the national pollutant discharge elimination system (NPDES) permit, state disposal permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the MIPP Coordinator as confidential shall not be transmitted to the general public by the MIPP Coordinator until and unless a ten-day notification is given to the user or significant user. Transmission of confidential information from the MIPP Coordinator to the EPA is not governed by the ten-day notification requirement, since the EPA is also required to keep this information confidential under section 308 of the Clean Water Act.

Sec. 21 Notification of violation.

[Ord. No. 1457, § 1, 2-15-2006]

Whenever the MIPP Coordinator finds that any user or significant user has violated or is violating this article, the permit or significant user permit, or any prohibition, limitation or requirements contained herein, the MIPP Coordinator may serve upon such person a written notice stating the nature of the violation. Within five (5) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the MIPP Coordinator by the user or significant user containing the following information:

Cause of noncompliance.

Anticipated duration of the noncompliance and the time by which the violation will be corrected.

Steps taken by the user to reduce and eliminate the noncomplying discharge.

Steps taken by the user to prevent reoccurrence of the condition(s) leading up to noncompliance.

The signature of an authorized representative of the user that certifies to the validity of the report.

Sec. 21.1 Falsifying information.

[Ord. No. 1457, § 1, 2-15-2006]

Any person who knowingly makes any false statements, representations, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to these articles or user or significant user permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall be punished as provided by law and shall be subject to the fines.

Sec. 22 Harmful contributions-suspension.

[Ord. No. 1457, § 1, 2-15-2006]

The MIPP Coordinator may suspend a user permit or a significant user permit when such suspension is necessary in the opinion of the MIPP Coordinator 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 to the POTW, or causes the control authority to violate any condition of its NDPES permit or biosolids quality requirements.

Any person notified of a suspension of a permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Township in conjunction with the MIPP Coordinator shall take steps as deemed necessary to prevent or minimize damage to the POTW system or endangerment to any individuals. The MIPP Coordinator shall reinstate the permit upon proof of the elimination of the noncomplying discharge by the user or significant user, payment of any damages, fines, penalties or costs associated with the discharge, and the submission of a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.

Sec. 23 Revocation of permit.

[Ord. No. 1457, § 1, 2-15-2006]

Any user or significant user is subject to revocation of a permit granted hereunder for violation of applicable control authority, township, state and federal regulations, or by reason of the commission of any of the following acts:

Failure to report factually on discharge wastewater constituents and characteristics.

Failure to report significant changes in operations or wastewater constituents and characteristics.

Refusal to permit reasonable access to the premises for inspection and monitoring.

Violation of the conditions of the permit.

Sec. 24 Consent orders.

[Ord. No. 1457, § 1, 2-15-2006]

The control authority may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same effect as the administrative orders authorized elsewhere in this article and shall be judicially enforceable.

Sec. 25 Show cause hearing.

[Ord. No. 1457, § 1, 2-15-2006]

The control authority may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the control authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered mail at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Any hearing conducted pursuant to this section shall be presided over by the control authority as to why the proposed enforcement action should not be taken. The control authority shall conduct a hearing and take the evidence or may designate any of its members or any officer or employee of the control authority to:

Issue in the name of the control authority 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 for action thereon.

At any hearing held pursuant to this article, 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 control authority has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment facilities, devices, or other related appurtenances are properly operated. Further orders and directives, as are necessary and appropriate, may be issued.

Any user aggrieved by the enforcement of this article may take an appeal to the Court of Common Pleas of Montgomery County, Pennsylvania, in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 105 et seq. A failure to appeal in accordance with the Local Agency Law shall result in a waiver of all legal rights to contest the action taken at the show cause hearing.

Sec. 26 Compliance order.

[Ord. No. 1457, § 1, 2-15-2006]

When the control authority finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Sec. 27 Cease and desist orders.

[Ord. No. 1457, § 1, 2-15-2006]

When the control authority finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the control authority may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements; or

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

The issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Sec. 28 Emergency suspensions.

[Ord. No. 1457, § 1, 2-15-2006]

The control authority may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary 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 persons, to the environment, or causes interference to the wastewater treatment process, or causes the control authority to violate any condition of its NPDES permit or biosolids quality requirements.

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 control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, provided the user has paid any damages, fines, penalties or costs associated with the discharge and has submitted a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, unless the termination proceedings in Sec. 29 of this article are initiated against the user.

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 control authority prior to the date of any show cause or termination hearing described elsewhere in this section of this article.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

Sec. 29 Termination of discharge.

[Ord. No. 1457, § 1, 2-15-2006]

In addition to other remedies under this article, any user who violates the following conditions is subject to discharge termination:

Violation of wastewater discharge permit conditions.

Failure to accurately report the wastewater constituents and characteristics of its discharge.

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge.

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

Violation of the pretreatment standards in this article.

Such user shall be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Sec. 25 of this article why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to, or a prerequisite for, taking any other action against the user.

Sec. 30 Judicial enforcement remedies.

[Ord. No. 1457, § 1, 2-15-2006]

Injunctive relief. When the control authority finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the control authority may petition the Court of Common Pleas of Montgomery County, through the attorney for the control authority, 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. The control authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

Civil penalties.

Prosecution and fines. Any user or significant user alleged to have violated an order of the MIPP Coordinator or to have failed to comply with any provision of this article or the orders, rules, regulations and permits issued hereunder shall be prosecuted and, upon conviction thereof, shall be subject to a fine of not less than five hundred dollars ($500.00) nor more than twenty five thousand dollars ($25,000.00) per day for each offense. Each day on which violation shall occur or continue to occur shall be deemed to be a separate and distinct offense.

Civil remedies. In addition to prosecution proceedings as set forth in paragraphs (a) and (b) hereof, the control authority may recover civil penalties up to twenty five thousand dollars ($25,000.00) per day for each violation, damages, costs, reasonable attorney's fees, court costs and costs of court reporters' transcripts, as well as other expenses of litigation made necessary as the result of violations of this article or the orders, rules, regulations and permits issued hereunder, to be recovered in an action at law instituted by the control authority against the user or significant user alleged to have been responsible therefor.

Attorneys' fees, court costs, expenses. The control authority may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the control authority.

In determining the amount of civil liability, there shall be taken into 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.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

Criminal prosecution. In the event that any discharge or other violation of this article constitutes a violation of any criminal or penal statute, then in addition to all enforcement remedies described elsewhere in this article, the control authority or the Township shall have the unfettered right to initiate and/or assist in any state or federal criminal proceedings as a result of such violation. Examples of criminal conduct in connection with a violation include, but are not limited to, knowing or intentional introduction of any substance into the control authority's POTW which causes injury to persons or property, otherwise undertaking any act or failing to undertake any act which recklessly endangers the well-being of the community or plant personnel, falsification of documents required to be filed pursuant to this article, and tampering with or otherwise rendering inaccurate a monitoring device or similar equipment.

Remedies nonexclusive. The remedies provided for in this article are not exclusive. The control authority may take any, all, or any combination of actions against a noncompliant user when the circumstances warrant.

Sec. 31 Supplemental enforcement action.

Liability insurance. In addition to the requirements of Sec. 28, above, the control authority may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair future damage to the POTW caused by its discharge.

Water supply severance. Whenever a user has violated or continues to violate any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, 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.

Public nuisances. A violation of any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement may separately be declared as a public nuisance to the extent that it constitutes such nuisance as defined by Pennsylvania law or municipal ordinance.

Sec. 32 Affirmative defenses to discharge violations.

[Ord. No. 1457, § 1, 2-15-2006]

Bypass.

For the purposes of this section:

"Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility with the prior written permission of the control authority.

"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the control authority, at least ten (10) days before the date of the bypass, if possible.

A user shall submit oral notice to the control authority of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The control authority may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

Bypass is prohibited and the control authority may undertake an enforcement action against a user for a bypass, unless the user submitted notices as required under paragraph (3) of this section and the control authority provided written authorization for the bypass.

The control authority may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the conditions listed in paragraph (4)a. of this section.

Appeal. An industrial user assessed with a civil penalty under the terms of this section shall have the right to file an appeal to contest either the amount of the penalty or the fact of the violation, within thirty (30) days of the assessment of the civil penalty, pursuant to the Local Agency Law, 2 Pa.C.S.A. § 105 et seq. (relating to administrative law and procedure). Failure to appeal within this period shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.

Assessment of civil penalties. In addition to all other remedies under this article:

Pursuant to the provisions of Act 9 of 1992, providing for enhanced penalty authority for publicly owned treatment works which are authorized to enforce industrial pretreatment standards for industrial waste discharges, and in addition to proceeding under any other remedy available at law or equity for violation of pretreatment standards and/or requirements, the control authority, as the operator of a publicly owned treatment works, may assess a civil penalty upon an industrial user for violation of any of the terms and provisions of this article. The penalty may be assessed whether or not the violation was willful or negligent. The civil penalty shall not exceed Twenty Five Thousand Dollars ($25,000) per day for each violation, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate and distinct defense under this section.

As part of any notice of assessment of civil penalties issued by the control authority to an industrial user, there shall also be included a description of the applicable appeals process to be followed, including the name, address and telephone number of the person responsible for accepting such appeal on behalf of the control authority.

For purposes of this section, a single operational upset which leads to simultaneous violations of more than one pretreatment standard or requirement shall be treated as a single violation as required by Federal Water Pollution Control Act. The control authority may, however, recover its costs for reestablishing the operation of the treatment works in addition to any civil penalty imposed under this section.

The control authority shall publicly adopt a formal, written civil penalty assessment policy and make it publicly available. Each industrial discharger participating in the pretreatment program shall be given written notice of the policy. The penalty assessment policy shall consider:

damage to air, water, land or other natural resources of the Commonwealth of Pennsylvania and their uses;

costs of restoration and abatement;

savings resulting to the person in consequence of the violation;

history of past violations;

deterrence of future violations;

damage to the control authority's treatment or collection system, Township's collection system and to both the control authority's/Township's personnel and property;

other relevant factors.

Uses for penalties. All civil penalties collected pursuant to this section shall be placed by the control authority in a restricted account and shall only be used by the control authority and the publicly owned treatment works for the following uses:

the repair of damage and any additional maintenance needed or any additional costs imposed as a result of the violation for which the penalty was imposed;

pay any penalties imposed on the control authority or the publicly owned treatment works by the federal or state government for violation of pretreatment standards;

for the costs incurred by the Township or control authority to investigate and take the enforcement action that resulted in a penalty being imposed;

for the monitoring of discharges in the pretreatment program and for capital improvements to the treatment works, including sewage collection lines, which may be required by the pretreatment program; and

any remaining funds may be used for capital improvements to the treatment works, including collection lines.

Injunctive relief. The control authority shall have the power to obtain injunctive relief to enforce compliance with or restrain any violation of any pretreatment requirement or standard pursuant to and in accordance with the provisions of Act 9 of 1992, and 40 CFR 403.8(f)(1)(vi)(A). Injunctive relief shall be available upon the showing of one or more of the following:

A discharge from an industrial user presents an imminent danger or substantial harm to the control authority, Township, environment or the public;

A discharge from an industrial user presents an imminent or substantial endangerment to the environment;

A discharge from an industrial user causes the POTW to violate any condition of its discharge permit, sludge application standards, or other state or federal requirement; or

The industrial user has shown a lack of ability or intention to comply with a pretreatment standard.

Notwithstanding the preceding paragraph, an injunction affecting an industrial operation not directly related to the condition or violation in question may be issued if the Court determines that other enforcement procedures would not be adequate to effect prompt correction of the condition or violation. In addition to an injunction, the Court in any such proceedings may levy civil penalties in accordance with Act 9 of 1992 and this article.

Sec. 33 Building sewers and connections relating to industrial users.

[Ord. No. 1457, § 1, 2-15-2006]

The provisions of any applicable Township Code or the provisions of this section shall apply, whichever is more strict.

No unauthorized persons shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Township.

There shall be two classes of building sewer permits:

for residential and commercial service: and

for service to users under the MIPP. In either case, the owner or his agent shall make application on a special form furnished by the control authority and/or the Township. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the control authority and/or the Township. A permit and inspection fee for a residential or commercial building sewer permit and for an industrial building sewer permit shall be paid to the control authority and/or the Township at the time the application is filed. All building sewer permit applications under (2) above, shall be reviewed and approved in writing by the control authority and/or the Township prior to permit issuance. Permit and inspection fees for sewer permits shall be in such amounts as may be established from time to time by the control authority and/or the Township.

All costs and expenses incidental to the installation, connection, and maintenance of the building sewer shall be borne by the owner or user, who shall indemnify the control authority and/or the Township from any loss or damage that may directly or indirectly be caused by the installation of the building sewer.

A separate and independent building sewer shall be provided for every building or any part of any building as may be determined by the Township.