[Ord. 156, 4/26/1994, § 5.1]
1. Whenever the Township or the PWTA finds that any user has violated
or is violating this Part, his wastewater contribution permit or the
general pretreatment regulations, the Township or the PWTA shall serve
upon the user a written notice of violation (NOV). Within 15 days
of the certified receipt of the NOV, the user must submit to the PWTA
and the Township a written response that contains the following information:
B. Anticipated duration of the noncompliance and the time by which the
violation will be corrected.
C. Steps taken by the user to reduce and eliminate the noncomplying
discharge.
D. Steps taken by the user to prevent reoccurrence of the condition(s)
leading to the noncompliance.
E. The signature of an authorized representative of the user that certifies
to the validity of the report.
[Ord. 156, 4/26/1994, § 5.2]
When a response given by the user to a previous NOV is inadequate,
or when a violation results in conditions that could cause the PWTA
to violate its NPDES permit, or biosolids quality requirements, or
results in a hazardous situation within the PWTA sewer system, the
PWTA will notify a user by certified mail of the requirement that
the user attend a show-cause hearing. A show-cause hearing is an official
meeting between the PWTA and a user to resolve conditions of continued
violations. The hearing may result in the PWTA issuing an administrative
order to the user, or if the conditions warrant, civil penalties in
accordance with Part 2F.
[Ord. 156, 4/26/1994, § 5.3]
An administrative order is an official enforcement document
that directs a user or significant industrial user to undertake or
to cease specific activities and that carries specific legal actions
to be enforced when addressing continued noncompliance. The order
may contain a compliance schedule specifying the time frame by which
the user must perform certain activities that will ultimately result
in compliance with all requirements contained in the order. The order
may also contain the requirement that the user pay civil penalties
of up to $25,000 per day per violation.
[Ord. 156, 4/26/1994, § 5.4; as amended by Ord.
264, 8/16/2011]
The PWTA shall publish annually, in a newspaper of general circulation
that provides meaningful public notice within the jurisdiction served
by the PWTA, a list of the users which, during the previous 12 months,
were in significant noncompliance with applicable pretreatment standards
and requirements.
[Ord. 156, 4/26/1994, § 5.5]
1. The Township or the PWTA may suspend the wastewater treatment service
and/or wastewater contribution permit when such suspension is necessary,
in the opinion of the Township or the PTWA, 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 and/or
the environment which causes, or threatens to cause, interference
to the POTW, or causes, or threatens to cause, the PWTA to violate
any condition of its NPDES permit.
2. Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the Township or the
PWTA shall take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to
the POTW system or endangerment to any individuals. The Township or
the PWTA may reinstate the wastewater contribution permit and/or the
wastewater treatment service upon proof of the elimination of the
noncomplying discharge. A detailed written statement describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted by the user to the Township
and the PWTA within 15 days of the date of occurrence.
[Ord. 156, 4/26/1994, § 5.6]
1. Any user who violates the following conditions of this Part, or applicable
state and federal regulations, is subject to having his permit revoked
in accordance with the procedures of this Part 2E:
A. Failure of the user to factually report the wastewater constituents
and characteristics of his discharge.
B. Failure of the user to report significant changes in operations or
wastewater constituents and characteristics.
C. Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring.
D. Violation of conditions of the permit.
[Ord. 156, 4/26/1994, § 5.7; as amended by Ord.
192, 4/18/2000]
1. Appeal. A user, upon receipt of notification of suspension or revocation of a user permit or significant industrial user permit, may appeal the decision in writing to the Township with a statement of reasons therefore within 10 days of the notice. Such an appeal shall not be cause for the discharge to continue if the suspension or revocation was issued to stop a harmful contribution under §
18-242.
2. Notice of Hearing. Thereafter, upon notice in writing given to the
permit holder, or any agent or officer thereof, at least five days
prior to the time fixed, the Township shall convene and conduct a
hearing on the propriety or lack thereof of the notice of suspension
or revocation. The cost of the stenographic transcript of such a proceeding
shall be borne by the appellant, who shall pay a filing fee in an
amount as established from time to time by resolution of the Board
of Supervisors or such other amount as may be established by the Township
by separate resolution.
3. Method of Decision. The findings and determinations of the Township
shall be in writing and shall be mailed to the user's authorized
representative within 48 hours of the hearing, with a certified copy
thereof to be filed with the PWTA Manager who originally served the
notice of suspension or revocation. The determination and hearing
shall be conducted in accordance with the Local Agency Law, 2 Pa.
C.S.A. § 101 et seq.
4. Action Following Appeal Decision. If the decision of the Township
sustains the notice of suspension or revocation of permit, the user
shall be given 10 days' notice of the new date of suspension
or revocation by the PWTA.