[Res. 72114, 7/21/2014]
The pretreatment provisions of the Township of Jackson, Ordinance No. 3-2011, were implemented to provide for the pretreatment of industrial waste and high-strength commercial waste which are discharged to the Township's publicly owned treatment works (POTW). To insure compliance with the pretreatment rules and regulations, the civil penalty assessment policy (CPAP) was developed to provide a framework with which violations can be dealt with administratively. The policy is administered by the Board of Supervisors and/or its designated agents.
[Res. 72114, 7/21/2014]
The provisions of the CPAP shall be administered by the following personnel, which shall have the following duties:
A. 
Pretreatment Coordinator. This person shall be responsible for the initial determination of violations of the pretreatment rules and regulations. He/she shall have the authority to issue a notice of violation or an administrative order, order a show-cause hearing, or terminate service. He/she may assess penalties for violations of any and all violations of all federal, state, and local pretreatment regulations and/or pretreatment standards. When penalties are warranted in excess of $1,000, the Pretreatment Coordinator shall discuss his/her findings with Board of Supervisors, and the Board of Supervisors will set the amount of the penalties to be imposed on the user.
B. 
POTW Superintendent. This person shall supervise and assist the Pretreatment Coordinator in the enforcement process and penalty decisions. He/she shall assume the enforcement responsibilities of the Pretreatement Coordinator in his/her absence.
C. 
Board of Supervisors. The Board of Supervisors, or its designated agents, shall be responsible to conduct show-cause hearings and hear appeals from users, and can assess penalties up to $25,000 per day, per offense.
D. 
Township Solicitor. This person shall supervise the legal enforcement of the pretreatment rules and regulations issued thereunder and any other applicable federal, state and local pretreatment regulations. He/she shall assist the Board of Supervisors in hearing and penalty assessment. He/she shall prosecute all civil and criminal matters.
[Res. 72114, 7/21/2014]
The Board of Supervisors, and/or its designated agents and employees, in conjunction with this civil penalty assessment policy, shall consider the following criteria in choosing the response to violations of all applicable pretreatment rules and regulations:[1]
A. 
Severity of the violation;
B. 
Duration of the violation;
C. 
Effect of the violation on the receiving waters;
D. 
Effect of the violation on the POTW;
E. 
Compliance history of the industrial user;
F. 
Good faith of the industrial user.
[1]
Editor's Note: The penalty schedule is on file in the Township offices.
[Res. 72114, 7/21/2014]
Enforcement actions shall be taken within a reasonable time frame. Generally, a notice of violation and administrative orders shall be issued within 15 days, but at the most, no more than 30 days, from becoming aware of the violation. Other enforcement actions shall begin within 30 days of becoming aware of the violation.
Users shall have 30 days to appeal the enforcement action. Failure to appeal within 30 days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. Appeals shall be made to the Jackson Township Board of Supervisors, 60 N. Ramona Road, Myerstown, PA 17067.
1. 
Enforcement hearings shall be conducted by a board consisting of the following persons:
A. 
Chair, Board of Supervisors (who shall act as Chairperson).
B. 
Members of the Board of Supervisors.
C. 
Township Solicitor.
2. 
All meetings shall be open to the public, and witnesses shall be sworn. The rules of evidence shall be followed, unless amended by the Chairperson.
3. 
Decisions of the board shall be in writing and shall be communicated to the user within 10 days following the hearing. If the user chooses to appeal the decisions of the board, the appeal shall be made to the Court of Common Pleas of Lebanon County.