A.
Right to refuse. The Township reserves the right to refuse to accept
wastewater or combinations of wastewater which are discharged in violation
of the terms or conditions of this chapter or the orders of the Township
issued pursuant to the conditions of this chapter. The Township may
take such steps as it deems necessary to compel discontinuance of
use of the sewer system or pretreatment of industrial wastes in order
to comply with the provisions of this chapter. The Township may exercise
its right of refusal by denial of issuance of a wastewater discharge
permit; in such a case the discharge of the subject industrial waste
is prohibited.
B.
Notice of violation. When the Township finds that an industrial user
has violated, or continues to violate these regulations, a wastewater
discharge permit, or any prohibition, limitation or pretreatment standard
or requirement, the Township may issue a written notice of violation
to the industrial user. Within 30 days of the receipt of the notice
of violation (or such other time as provided by the Township), an
explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific required actions, shall
be submitted by the industrial user to the Township. Submission of
this plan in no way relieves the industrial user of liability for
any violations occurring before or after receipt of the notice of
violation. Nothing in this section shall limit the authority of the
Township to take any action, including emergency actions or any other
enforcement action, without first issuing a notice of violation.
C.
Administrative orders. The Township may issue written directions, as described in Subsection D of this section, without a show cause hearing if the Township determines that such directions are necessary to correct conditions or remedy continuing noncompliances with these regulations or any wastewater discharge permit or other requirements of the industrial pretreatment program or directions of the Township or federal or state regulations. Failure of an industrial user to comply with written directions issued pursuant to this subsection constitutes a separate and distinct noncompliance with these regulations.
D.
Show cause hearing.
(1)
The Township may order any industrial user who causes or allows
an unauthorized discharge to enter the sewer system or who violates
any condition or requirement of the industrial pretreatment program,
its wastewater discharge permit or any pretreatment standard or requirement
to show cause before the Township why the proposed enforcement action
should not be taken. A notice shall be served on the industrial user
specifying the time and place of a hearing to be held by the Township
regarding the violation, the proposed enforcement action and the reasons
why the action is to be taken and directing the industrial user to
show cause before the Board of Commissioners of Upper Allen Township
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 Board of Commissioners may itself conduct the hearing and
take the evidence or may designate any of its members or any employee,
agent or representative of the Township to:
(a)
Issue in the name of the Township 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 Township
for action thereon.
(3)
At any hearing held pursuant to this section, testimony taken
may be under oath and recorded electronically or 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 therefor.
(4)
After the Township has reviewed the evidence, it may, in writing,
direct the industrial user to take certain actions to correct the
unauthorized discharge or to achieve compliance. The direction may
be in the form of a schedule for compliance, setting dates by which
certain actions shall be taken. The actions which may be directed
include, but are not limited to:
(a)
Installation of pretreatment facilities or equipment.
(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 PPC plans or other measures.
(e)
Other measures found to be necessary to correct the unauthorized
discharge or other noncompliance.
(5)
Failure of an industrial user to comply with written directions
issued pursuant to a hearing constitutes a separate and distinct noncompliance
with this chapter.
E.
Right of appeal.
(1)
An industrial user may appeal the enforcement actions enumerated
in this section, the denial of issuance of a wastewater discharge
permit, or conditions contained in a wastewater discharge permit.
A notice of violation or notice to appear at a show cause hearing
shall not be appealed. An appeal is subject to the following requirements:
(a)
An appeal shall be made in writing to the Township.
(b)
An appeal must be made within 30 calendar days from the date
of receipt of the wastewater discharge permit or revision to a wastewater
discharge permit, notice of denial of issuance of a wastewater discharge
permit, receipt of written directions, or notice of suspension or
revocation of a wastewater discharge permit, which action is being
appealed by the industrial user.
(c)
The appeal must state the specific provision(s) of a wastewater
discharge permit or the specific action(s) of the Township which are
being contested.
(d)
The appeal must state the reasons for the appeal of each provision
or action.
(e)
The appeal may suggest alternate or revised provisions or actions
to replace those appealed.
(f)
An appeal of a wastewater discharge permit may include a request
to stay specific permit conditions pending the outcome of the appeal.
Any such request shall include all factual and legal justification
for such a request.
(2)
Provisions specifically mandated by federal or state regulations
(e.g., compliance with federal categorical pretreatment standards)
shall not be appealed. Conditions which, in the opinion of the Township,
may constitute a hazard or pose a potential threat of pollution if
stayed shall not be stayed during an appeal. Grant of a stay of permit
conditions during an appeal shall be made at the sole discretion of
the Township.
(3)
The appeal shall be reviewed by any designated representative(s)
of the Township, provided:
(4)
Within 60 days of receipt, the representative(s) reviewing the
appeal shall report in writing to the Township the results of the
review. 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. A copy of the
appeal itself may suffice to provide this information.
(b)
The finding of merit for each point of appeal and the reason(s)
for so finding.
(c)
For each point of appeal 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, regulations and
laws.
(5)
Review of appeal and report.
(a)
The Township or a board of appeal appointed by the Township
may, upon its own initiative or in response to a request by the permittee,
review the appeal and the report and, at one or more regular or special
public meetings, take any additional testimony offered by the appellant,
reviewer, Pretreatment Program Coordinator or other interested party.
The Township or the board of appeal, if invested with the power to
act on behalf of the Township, may, within a reasonable time, decide
to:
[1]
Grant a stay of wastewater discharge permit conditions pending
a final decision on the merits of a permit appeal (this decision may
be made at a separate meeting from the determination of the merits
of an appeal so as to provide a timely response to the request for
a stay of conditions);
[2]
Grant the appeal or portions of the appeal, applying such remedies
as it deems proper; or
[3]
Deny the appeal or portions of the appeal.
(b)
The decision to grant, partially grant or deny an appeal constitutes
final administrative action.
(6)
If the Township or any hearing board appointed by the Township
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 recuse himself from any vote which shall determine the
decision of the body in regard to the appeal.
(7)
Action of the Township for which review had been available (e.g.,
adoption of a resolution or issuance, modification, suspension or
revocation of a wastewater discharge permit) shall not be subject
to administrative or judicial review in any civil or criminal proceeding
for enforcement.
F.
Termination of sewer service. The Township may immediately suspend
an industrial user's discharge, after notice to the industrial 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. The
Township may also immediately suspend an industrial user's discharge,
after notice and opportunity to respond, that threatens to interfere
with the operation of the sewage treatment plant, or which presents,
or may present, an endangerment to the environment. Nothing in this
subsection shall be interpreted as requiring a hearing prior to any
termination of sewer service under this subsection.
(1)
Any industrial user notified of a suspension of its discharge shall immediately stop or eliminate the discharge to the sewage treatment plant. In the event of a failure by the industrial user to immediately comply voluntarily with the termination order, the Township shall take steps, as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewage treatment plant, its receiving stream, or endangerment to any individuals. The Township shall allow the industrial user to recommence its discharge when the industrial user has demonstrated to the satisfaction of the Township that the period of endangerment has passed, unless the termination proceedings set forth in § 200-6.8F of Article VI of these regulations are initiated against the industrial user.
(2)
An industrial 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 Township within five days of the date of occurrence as stipulated in § 200-7.6 of Article VII of these regulations or prior to the date of any show cause hearing under Subsection D of this section, whichever date is earlier.
A.
Injunctive relief. When the Township finds that an industrial user
has violated or continues to violate these regulations or a wastewater
discharge permit issued hereunder, or any other pretreatment standard
or requirement, or determines that the discharge from an industrial
user presents imminent or substantial harm to the sewer system or
the public, the discharge from the industrial user causes the sewage
treatment plant to violate any condition of its NPDES permit, or the
industrial user has shown a lack of ability or intention to comply
with a pretreatment standard, the Township may petition the Court
of Common Pleas for Cumberland County, through the Township Solicitor,
for the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the wastewater
discharge permit, or other requirement imposed by these regulations,
on the activities of the industrial user.
B.
Civil remedies. When the Township finds that an industrial user has
violated or continues to violate these regulations or a wastewater
discharge permit issued hereunder, or any other pretreatment standard
or requirement, the Township may recover costs for reestablishing
the operation of the sewage treatment plant, cost for reasonable attorneys'
fees, court costs and other expenses associated with the enforcement
activities, including sampling and monitoring expenses, and the cost
of any actual damages incurred by the Township.
C.
Criminal prosecution. Any industrial user that has willfully or negligently
violated or continues to violate these regulations or a wastewater
discharge permit issued hereunder, or any other pretreatment standard
or requirement, may be subject to criminal liability under federal,
state and/or local law.
D.
Falsifying information. Any industrial user who knowingly makes any
false statements, representations or certifications in any application,
record, report, plan or other document filed or required to be maintained
pursuant to these regulations or wastewater discharge permit, or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under these regulations, may be subject
to criminal liability under federal, state and/or local law.
E.
Civil/criminal penalties for industrial users. Any person who violates
any of the terms, provisions or requirements of the pretreatment program
or any of the applicable rules and regulations or whoever refuses
or neglects to comply with any notice given pursuant to the pretreatment
program to such person or whoever obstructs or interferes with any
person in the enforcement of the pretreatment program shall, upon
conviction thereof, severally for each and every such violation or
noncompliance, respectively, be fined not less than $500 and not more
than $5,000, and costs, and/or imprisoned for a term not exceeding
90 days. Each twenty-four-hour period during which a violation continues
shall be considered a separate offense and punishable as such.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Treatment upsets.
(1)
For the purposes of this section, "upset" means an exceptional
incident in which there is unintentional and temporary noncompliance
with federal categorical pretreatment standards because of factors
beyond the reasonable control of the industrial user.
(2)
An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless
or improper operation.
(3)
An upset shall constitute an affirmative defense to an action
brought for noncompliance with federal categorical pretreatment standards
if the requirements of this section are met. An industrial user who
wishes to establish the affirmative defense of "upset" shall demonstrate,
through properly signed, contemporaneous operating logs or other relevant
evidence, that:
(a)
An upset occurred and the industrial user can identify the cause(s)
of the upset.
(b)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures.
(c)
The industrial user has submitted the following information
to the Township within 24 hours of becoming aware of the upset. If
this information is provided orally, a written submission must be
provided within five days from the date the industrial user became
aware of the upset. The written submission shall include the following
information:
[1]
A description of the indirect discharge and cause of noncompliance.
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue.
[3]
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(4)
In any enforcement proceeding, the industrial user seeking to
establish the occurrence of an upset shall have the burden of proof.
An industrial user will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with federal categorical pretreatment standards. The industrial user
shall control production of all discharges to the extent necessary
to maintain compliance with federal categorical pretreatment standards
upon reduction, loss or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things,
the primary source of power of the treatment facility is reduced,
lost or fails.
B.
Treatment bypasses. For the purposes of this section, "bypass" means
the intentional diversion of waste streams from any portion of an
industrial user's treatment facility. "Severe property damage" means
substantial physical damage to property, damage to the treatment facilities,
which causes them to be 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. An industrial user may allow
a bypass to occur which does not cause pretreatment standards or requirements
to be violated, but only if it is for essential maintenance to ensure
efficient operation of the treatment system. These types of bypasses
are not subject to the following provisions:
(1)
Industrial users anticipating a bypass must submit notice to
the Township at least 10 days in advance, if possible. Industrial
users shall provide oral notice to the Township within 24 hours of
discovery of an unanticipated bypass that exceeds applicable pretreatment
standards. Industrial users shall submit a written report to the Township
within five days of becoming aware of the bypass. The written report
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 being taken or planned to reduce, eliminate and prevent
recurrence of the bypass. The Township may waive the written report
on a case-by-case basis if the oral report has been received within
24 hours.
(2)
A bypass of the treatment system without Township approval is
prohibited and the Township may take an enforcement action against
an industrial user for a bypass unless all of the following conditions
are met:
(a)
The bypass is unavoidable to prevent loss of life, personal
injury, or severe property damage.
(b)
There is no feasible alternative to the bypass, including the
use of auxiliary treatment facilities, retention of untreated wastewater,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance.
(c)
The industrial user properly notifies the Township as described
in this section.
(3)
The Township may approve an anticipated bypass, after considering
its adverse effects, if the Township determines that the industrial
user will meet the conditions in this section.
