[Ord. 2012-8, 5/7/2012]
Whenever the WVSA finds that any nondomestic user has violated or is violating this Part, the rules and regulations of the WVSA, its industrial wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the WVSA may serve upon such person a written notice of violation stating the nature of the violation. Within 30 days of the date of the notice, or within such other reasonable time as the Executive Director shall state, a plan for the satisfactory correction thereof shall be submitted to the WVSA by the user.
[Ord. 2012-8, 5/7/2012]
1. 
The WVSA may notify any user who is in violation of this Part, an industrial wastewater discharge permit, or the rules and regulations of the WVSA, to show cause before the WVSA Board of Directors (or such other adjudicative body as the WVSA shall select) why a proposed enforcement action should not be taken. The notice shall be served on the user, specifying the time and place of a hearing to be held by the WVSA regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the WVSA 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.
2. 
A show-cause hearing is not subject to the requirements of the Local Agency Law, 2 Pa.C.S.A. § 551 et seq., but may be conducted as provided in that statute at the discretion of the WVSA Board or adjudicative body.
3. 
Within a reasonable time after the conclusion of a show-cause hearing, the Board of Directors (or adjudicative body) shall issue an opinion regarding the alleged violation and any enforcement action which it believes is appropriate. The WVSA may then proceed to undertake the recommended enforcement action, if any.
[Ord. 2012-8, 5/7/2012]
1. 
If any person discharges sewage, industrial wastewater or other wastes into the sanitary sewer system contrary to the provisions of this Part, federal or state pretreatment requirements, the WVSA rules and regulations, or any permit issued by the WVSA, the Municipal Solicitor may commence an action for appropriate legal and/or equitable relief in the courts. When the WVSA determines the need for legal action, said action shall be undertaken by the municipality within 30 days of notification by the WVSA.
2. 
In the alternative, for purposes of enforcement of this Part and the pretreatment program, the municipality hereby appoints the Wyoming Valley Sanitary Authority as its agent and authorizes the WVSA or its duly appointed agents and employees to undertake any legal action in the name of municipality, including, but not limited to, the filing of a civil complaint in the Court of Common Pleas of Luzerne County. In the case that the WVSA acts in the name of the municipality, the municipality shall cooperate with and support the WVSA in the prosecution of any civil action as may be necessary.
[Ord. 2012-8, 5/7/2012]
1. 
Any user who violates the following conditions of this Part, applicable state or federal regulations, or an industrial wastewater discharge permit is subject to having its industrial wastewater discharge permit revoked or suspended in accordance with the procedures of this section:
A. 
Failure of a user to factually and accurately report the wastewater constituents and characteristics of its discharge;
B. 
Failure of the user to report significant changes in operations, or changes in industrial wastewater constituents and characteristics, including, but not limited to, changes in facilities related to the control of slug discharges as required by § 18-245, Subsection 1F;
C. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
D. 
Violation of any condition of the industrial wastewater discharge permit.
2. 
Upon notice of suspension or revocation of an industrial wastewater discharge permit, the user shall immediately cease the discharge of industrial wastewater to the sewer system. Any discharge of industrial wastewater to the sewer system after notice of revocation or suspension shall be a violation of this Part and subject to the penalties provided herein. In the case of a suspension, the permit shall be reinstated upon a showing that the user has corrected the condition for which the suspension was imposed. In the case of a revocation, the user may only receive a new permit by going through the application process as stated in § 18-235 of this Part.
[Ord. 2012-8, 5/7/2012]
1. 
The municipality and/or the WVSA may suspend the wastewater treatment service when such suspension is necessary, in the opinion of the WVSA, 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 or to the environment, causes interference or pass-through at the WVSA's treatment plant or causes the WVSA or municipality to violate or be in danger of violating any condition of an NPDES permit or state-issued water quality management permit.
2. 
Any person notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the municipality may, and the WVSA is authorized to, take such steps as deemed necessary, including immediate severance or obstruction of the sewer connection from the user's property, to prevent or minimize damage to the sewer system or the WVSA facilities or endangerment to any individuals. The WVSA or the municipality shall reinstate the wastewater treatment service only upon satisfactory proof of elimination of the noncomplying discharge. All costs associated with the severance and/or reconnection of a sewer shall be incurred by the user.
[Ord. 2012-8, 5/7/2012]
1. 
Any user who is found to have violated any provision of this Part, the rules and regulations of the WVSA, as amended, or any regulations or permits issued by the WVSA or the municipality shall be subject to a civil penalty of not less than $100 nor more than $1,000 per each violation. Each day on which a violation shall occur or continue to occur shall be deemed a separate and distinct violation.
2. 
The municipality recognizes that the WVSA has independent civil penalty authority under the provisions of the Publicly Owned Treatment Works Penalty Law (Act 9 of 1992, 35 P.S. § 752.1 et seq.). Any violation of this Part shall constitute a violation of the WVSA's EPA-approved industrial pretreatment program and subject an industrial user to the penalties provided thereunder. Should the WVSA choose to assess a civil penalty under its independent authority against a user who violates any provision of this Part, the municipality shall cooperate to the extent necessary to aid the WVSA in such an action.
3. 
In addition to the civil penalties provided herein, the municipality and/or the WVSA may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Part, the WVSA rules and regulations, or any permit issued hereunder.
[Ord. 2012-8, 5/7/2012]
Any user subject to an enforcement action or issuance or denial of an industrial wastewater discharge permit under this Part may file an appeal with the WVSA within 15 days of receipt of the notice of the enforcement action or permit issuance, revision, or denial. Said appeal shall be conducted by the WVSA as provided in the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
[Ord. 2012-8, 5/7/2012]
1. 
The WVSA shall annually publish in a local newspaper of general circulation a list of the significant industrial users which were in significant noncompliance with the pretreatment standards and requirements contained herein at least once during the previous calendar year. Significant noncompliance shall include any of the following:
A. 
Chronic violations, defined as those in which 66% or more of all measurements taken for the same pollutant parameter during a six-month period are in excess of an applicable numeric pretreatment standard or requirement, including instantaneous maximum limits;
B. 
Technical review criteria (TRC) violations, defined as those in which 33% or more of all measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC. TRC is 1.4 for BOD, TSS, oil and grease, and 1.2 for all other pollutants except pH;
C. 
Any other violations of a pretreatment standard or requirement, including a narrative standard, which the WVSA determines has caused or contributed to interference or pass-through;
D. 
Any discharge that has caused imminent endangerment to human health and safety or the environment, or has resulted in the WVSA's exercise of its authority to halt or prevent such a discharge under § 18-264 or 18-265 of this Part;
E. 
Failure to meet a compliance schedule milestone within 90 days of the schedule date;
F. 
Failure to provide, within 45 days after the due date, required reports as itemized in § 18-245 of this Part;
G. 
Failure to accurately report noncompliance;
H. 
Any other violation or groups of violations, including a violation of a BMP imposed by a permit or implemented as part of a plan developed by the user and approved by the WVSA, which the WVSA determines to adversely affect the operation or implementation of its approved pretreatment program.
2. 
The newspaper notice shall also summarize any enforcement actions taken against the user during the same time period.