A.
Upon the failure of any owner or owners of premises situate along
the line of an Authority sewer who has or have been duly notified
to cause any building or buildings erected on such premises to be
connected with any such sewer or to comply with the provisions of
this chapter, the Authority may so direct that such person or persons
shall forfeit and pay a fine of not more than $1,000 to the Authority,
the same to be collected by a summary proceeding before any District
Justice in Springfield Township (or Bucks County) or recovered as
debts of like amounts are now by law recoverable.
B.
Whenever such person shall have been notified by the Authority through
its duly constituted representatives or by service of summons or prosecution
or in any other way that such violation has been committed, each day
that such person shall continue in such violation shall constitute
a separate offense, punishable by a like fine or penalty.
C.
In addition to other remedies provided herein or by law, an action
in equity may be instituted in a court of competent jurisdiction to
prevent, enjoin, restrain, correct or abate any violation of any of
the provisions of this chapter and/or the rules and regulations set
forth herein.
D.
Where a discharge of waste into the sewers, prohibited under the
provisions of this chapter and/or any rules and regulations set forth
herein or any subsequent amendment thereto, presents an imminent or
substantial endangerment to the health or welfare of any person or
persons or to the environment or causes interference with the operation
of the publicly owned treatment works, the Authority reserves the
right to deny sewer service to such a violator by severing the connection
to the public sewer system.
A.
Emergency suspensions.
(1)
Notwithstanding any other provisions of these regulations, the City
or the Authority may suspend the wastewater treatment service and/or
a wastewater discharge permit when such a suspension is necessary,
in the opinion of the City or the Authority, in order to stop an actual
or threatened discharge which:
(a)
Presents or may present an imminent or substantial endangerment
to the health or welfare of persons;
(b)
Presents or may present an imminent or substantial endangerment
to the environment;
(c)
May cause or actually causes interference to the POTW; or
(d)
Causes the City to violate any condition of its NPDES permit.
(2)
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater discharge permit shall immediately stop or eliminate
all contributions.
(3)
Should the person fail to immediately comply voluntarily with the
suspension order, the City or the Authority shall take such steps
as deemed necessary, including, but not limited to, termination of
water service and/or immediate severance of the sewer connection.
(4)
The Authority or City shall revoke its emergency suspension order
and restore wastewater and/or water service once the following information
has been provided to and accepted by both the Authority and the City:
Any user who violates these regulations, the wastewater discharge permit or any applicable federal, state or local law is subject to having his wastewater discharge permit revoked in accordance with the procedures of § 81-35 of these regulations. Revocation of a user's permit requires the user to immediately cease all wastewater contributions.
A.
Whenever the City finds that any user has violated or is violating
these regulations, the wastewater discharge permit or any prohibition,
limitation, or requirement contained herein, the City may serve, personally
or by regular or certified mail, upon such person a written notice
of revocation stating the nature of the violation. Notice by regular
mail alone shall be deemed sufficient notice.
B.
Within 15 days of the date of the notice of revocation, the user
shall respond in writing. The response must state why the violation
occurred, the steps taken to prevent its recurrence and whether the
violation has been corrected. If the response indicates that the violation
has not been corrected, the response shall contain a plan for the
immediate correction of the violation.
C.
The Authority or the Philadelphia Water Department Commissioner (Commissioner)
shall consider the user's response, if any, before rendering
his final determination order. The Authority or the Commissioner's
final determination order may direct that:
(1)
The user's permit be immediately revoked;
(2)
The user's permit be revoked on a specified future date unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed and existing treatment facilities, devices
or other related appurtenances are properly operated; or
(3)
The user's permit shall continue in effect.
D.
Further orders and directives as are necessary and appropriate may
be issued.
A.
If the user fails to immediately cease all wastewater discharges
upon the revocation of his wastewater discharge permit, the City or
Authority may order any of the following actions to be taken:
B.
All costs related to terminating or reinstating after termination
of the user's water and/or sewer service shall be borne by the
user.
A.
Where a user has failed to comply with the provisions of these regulations
or any order or previous permit issued hereunder, the City may decline
to reissue a permit.
B.
No permit shall be reissued until the user has submitted and completed
a corrective action plan which will ensure compliance with all pretreatment
standards or requirements.
C.
Prior to reissuance of a permit, the City may require the user to:
(1)
File with the City a performance bond payable to the City, in a sum
not to exceed a value determined by the City to be necessary to achieve
consistent compliance; or
(2)
Submit proof that it has obtained liability insurance acceptable
to the City, sufficient to restore or repair the POTW for damages
that may be caused by the user's discharge.
A.
Whenever the City finds that any user has violated or is violating
these regulations, or any prohibition, limitation or requirements
contained herein, the City may serve, personally or by regular or
certified mail, upon such person a written notice stating the nature
of the violation. Notice by regular mail shall be deemed sufficient
notice.
B.
Within 15 days of the date of the notice of violation, the user must
respond in writing. The user's response shall include a plan
for the satisfactory correction of the violation(s).
C.
The Authority or the Commissioner shall consider the user's
response, if any, before rendering his final determination order.
The Authority's or Commissioner's final determination order
may direct that:
D.
Further orders and directives as are necessary and appropriate may
be issued.
E.
If a user fails to immediately comply with the Authority or the Commissioner's final determination order, the Authority or the Commissioner may enforce his order by taking any or all of the actions stated in § 81-38. In addition, the Authority or the Commissioner may use any other administrative, legal or equitable relief available.
A.
Whenever a user has violated or continues to violate any pretreatment
standards or requirements, the Authority or the Commissioner may issue
an administrative order requiring the user to correct the violations
and to return to compliance. The order may require that any of the
following actions be taken:
(1)
Install new or additional pretreatment facilities to ensure compliance
with all pretreatment standards or requirements.
(2)
Make operational changes to ensure compliance with all pretreatment
standards or requirements.
(3)
Meet interim and/or final deadlines by which actions and/or compliance
must be achieved.
(4)
Conduct additional self-monitoring and additional reporting.
(5)
Require remediation of any damage done to the POTW or the environment.
(6)
Establish interim effluent limits.
(7)
Require the user's wastewater discharge permit to be amended
in accordance with these regulations.
(8)
Require the user to submit information and reports.
(10)
Take any other action which the Authority or the Commissioner
deems necessary to ensure both present and future compliance with
all pretreatment standards or requirements.
B.
If the user fails to comply with the administrative order, the user's
wastewater and/or water service may be terminated. The issuance of
an administrative order shall not be a bar against, or a prerequisite
for, taking any other action against the user. If the user wishes
to contest the administrative order, it shall file its appeal pursuant
to the Philadelphia Home Rule Charter within 30 days. Failure to appeal
within this time period shall result in a waiver of all legal rights
to contest the violation or any provisions contained in the order.
The Authority or the Commissioner may enter into administrative consent orders establishing an agreement with any user. An administrative consent order may contain any or all of the provisions contained in § 81-39, Administrative orders. Administrative consent orders shall have the same force and effect as administrative orders.
If any person violates any pretreatment standards or requirements,
the City Solicitor may commence an action for appropriate legal and/or
equitable relief in the appropriate court.
If an industrial user violates any pretreatment standards or
requirements, the City, through counsel, may petition the court for
the issuance of a temporary restraining order or a preliminary or
permanent injunction (as may be appropriate) which restrains or compels
the activities on the part of the industrial user.
A.
Purpose. It is the purpose of this section to provide for the recovery
of costs from users of the POTW for the implementation of the program
established herein.
B.
Charges and fees.
(1)
All industrial users applying for or issued a permit after the promulgation
of these regulations shall pay a fee of $500 per permit application.
(2)
The Authority/City may adopt charges and fees which may include:
(a)
Fees for reimbursement of costs of setting up and operating
the City's pretreatment program.
(b)
Fees for monitoring, inspections and surveillance procedures.
(c)
Fees for reviewing accidental discharge procedures and construction.
(d)
Other fees as the Authority/City may deem necessary to carry
out the requirements contained herein.
(3)
These fees relate solely to the matters covered by these regulations
and are separate from all other fees chargeable by the Authority/City.
The Authority/Philadelphia Water Department (Department) reserves
the right to change the fees set forth herein.
A.
Purpose. The purpose of this section is to enact a civil penalty
assessment policy pursuant to the Publicly Owned Treatment Works Penalty
Law, Act No. 1992-9.[1] BCWSA will require purchase of EDUs in increments of 250
GPD of usage determined as used by connected property that has no
connection record or is not in the billing system, as well as back
sewer bills to the date of connection or three years, whichever is
less.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
B.
Scope.
(1)
The POTW Penalty Law allows the City, as the owner and operator of
publicly owned treatment works with an approved pretreatment program,
to assess civil penalties of up to $25,000 per violation of any pretreatment
standards or requirements per day. Each term, condition or parameter
violated shall constitute a separate and distinct offense. Each day
on which a violation occurs or continues to occur shall constitute
a separate and distinct offense.
(2)
In developing this civil penalty assessment policy, the City considered
the following factors:
(a)
The damage to air, water, land or other natural resources of
this City and commonwealth and their uses.
(b)
Cost of restoration and abatement.
(c)
Savings resulting to the person in consequence of the violation.
(d)
History of past violations.
(e)
Deterrence of future violations.
(f)
Harm and/or potential to the POTW and/or its employees.
(g)
Whether the violation resulted or could have resulted in the
POTW violating its NPDES permit.
(h)
Whether the violation resulted or could have resulted in the
POTW violating any law or regulation affecting its sludge disposal
options.
C.
Mandatory civil penalties.
(2)
An industrial user is in significant noncompliance if it meets one
or more of the following criteria:
(a)
If 33% or more of all samples taken for any single parameter
during a six-month period demonstrate exceedances, by any amount,
of the daily maximum effluent limitation or the monthly average limitation.
(b)
Monitoring for any parameter less than 66% of the total sampling
events required by the permit.
(c)
Discharging without the required permit under the wastewater
control regulations.
(d)
Any violation of any pretreatment effluent limit that the Department
determines has caused, either alone or in combination with any other
discharges, interference or pass-through.
(e)
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or the environment or has resulted in the
Department's exercise of its emergency authority.
(f)
Violation by 45 days or more of the scheduled date of compliance
with milestones for starting construction, completing construction,
attaining final compliance or any other milestone event described
in any compliance schedule.
(g)
Failure to provide any required reports, such as baseline monitoring
reports, ninety-day compliance reports, periodic compliance reports,
spill or slug discharge reports, surcharge reports, responses to notices
of violation or notices of significant noncompliance, compliance schedule
reports, pretreatment facilities report or any other report required
by law or permit within 30 days after the report's due date.
(h)
Failure to report noncompliance accurately.
(i)
Any other violation or group of violations that adversely affects
the operation or implementation of the local pretreatment program
or, either alone or in conjunction with any other discharge, causes
harm to the POTW.
D.
Discretionary civil penalties.
(1)
Civil penalties are discretionary where an industrial user's violation(s) of the pretreatment standards or requirements do not constitute significant noncompliance as defined in § 81-44C. In exercising its discretion as to whether to assess civil penalties for these violations, the City shall consider the following factors:
(a)
Compliance history. The City shall examine the industrial user's
compliance history for the specific term or condition now being violated
as well as the industrial user's compliance history with all
other pretreatment standards or requirements.
(b)
Reasons for noncompliance.
(c)
Magnitude of violation.
(d)
Good-faith compliance efforts. Good-faith compliance efforts
consist of the following actions:
[1]
Whether the industrial user properly notified the City of the
violation.
[2]
Whether the industrial user responded to the notice of violation
within 15 days as required in the notice.
[3]
The corrective actions the industrial user has taken or will
take to ensure a return to compliance.
[4]
The timeliness of these corrective actions.
E.
Civil penalty. The calculation of the civil penalty which shall be assessed shall be in conformity with Section 6.5, Civil Penalty, of the City of Philadelphia Water Department's Wastewater Control Regulations, and § 81-44F, Economic benefit of noncompliance, and § 81-44G, Recovery of damages, costs and fines. The City of Philadelphia Water Department's Wastewater Control Regulations Section 6.5, including the penalty grid and explanatory footnotes, are available from the City of Philadelphia Water Department, 1101 Market Street, Philadelphia, Pennsylvania 19107-2994.
F.
Economic benefit of noncompliance.
(1)
In all cases, the civil penalty assessed shall exceed the economic
benefit of noncompliance gained by the industrial user as a result
of not complying with the pretreatment standards or requirements.
The economic benefit of noncompliance is that amount of both capital
and operating funds saved by the industrial user by either failing
or delaying to install and/or operate the necessary pretreatment to
achieve compliance with all pretreatment standards or requirements.
The City may use the Guidance Manual for POTWs to calculate the economic
benefit of noncompliance, United States Environmental Protection Agency,
September 5, 1990, or any subsequent revision, to assist it in calculating
the economic benefit of noncompliance.
(2)
If a situation arises where the amount assessed under the Civil Penalty Grid in Subsection E fails to exceed the economic benefit of noncompliance, then the Civil Penalty Grid shall not be used to determine the civil penalty. Rather, the City shall set the civil penalty by first calculating the economic benefit of noncompliance. Next, the amount calculated to be the economic benefit of noncompliance shall be increased by anywhere from 10% to 100%. This increased amount shall constitute the civil penalty.
(3)
In determining the appropriate increase factor (anywhere from 10%
to 100%), the City shall consider the severity of the violations,
the reason for the violation and how quickly the industrial user abates
the violation.
G.
Recovery of damages, costs and fines.
(1)
In all cases, the civil penalty shall, at a minimum, be set so that
it fully compensates the City for any damage or injury to the POTW,
its employees, the POTW's sludge or the environment. Any and
all costs incurred by the City to correct or compensate for the damage
or injury shall also be fully recovered in the civil penalty. Costs
shall include, but not be limited to, attorneys' fees, court
costs, court reporter fees and other expenses associated with enforcement
activities, as well as all sampling and monitoring expenses related
to discovering, enforcing and maintaining the industrial user's
compliance. Where violation of the pretreatment standards or requirements
causes, either alone or in conjunction with a discharge or discharges
from other sources, the City to violate any local, state or federal
law or regulation, and the City is fined for this violation, the civil
penalty assessed shall fully reimburse the City for the fine paid.
(2)
If a situation arises where the amount assessed under the Civil Penalty
Grid fails to fully compensate the City for all damages, costs and
fines, then the Civil Penalty Grid shall not be used to determine
the civil penalty. Rather, the City shall set the civil penalty by
first calculating all damages, costs and fines to the City resulting
from the violation. Next, this amount shall be increased by anywhere
from 10% to 100%. This increased amount shall constitute the civil
penalty.
(3)
In determining the appropriate increase factor (anywhere from 10%
to 100%), the City shall consider the extent and nature of the damage,
its impact on the POTW, the reasons for the violation and how quickly
the industrial user corrects the damage.
H.
Civil penalty appeal. The industrial user charged with the penalty
shall have 30 days to pay the proposed penalty in full, or, if the
industrial user wishes to contest either the amount of the penalty
or the fact of the violation, the industrial user must file an appeal,
pursuant to the Philadelphia Home Rule Charter. 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.
