[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
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 Part, or the written directions of the Township issued pursuant to the conditions of this Part. The Township may take such steps as it deems necessary, as outlined in this Part, to compel discontinuance of use of the sewer system or pretreatment of industrial wastes in order to comply with the provisions of this Part.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
1. 
The Township may suspend the wastewater discharge permit when such suspension is necessary, in the opinion of the Township, 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, to the environment, causes interference or pass through, or causes the Authority to violate any condition of its NPDES permit or any other federal or state law, rule, regulation or permit condition.
2. 
Any industrial user notified of a suspension of its wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the industrial user to comply voluntarily with the notice of suspension, the discharge shall be considered an unauthorized discharge and the Township shall take such steps as deemed necessary, including immediate severance or plugging of the connection between the building sewer and the sewage collection system, to prevent or minimize damage to the sewer system or endangerment to the environment or any property or person.
3. 
The Township may reinstate the wastewater discharge permit upon submission of proof by the industrial user of the elimination of the unauthorized discharge. A detailed written statement submitted by the industrial user describing the causes of the unauthorized discharge and the measures taken to prevent any future occurrence shall be submitted to the Township within 15 days of the date of occurrence.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
1. 
Any industrial user who violates the following conditions of this Part, or applicable state and federal regulations, is subject to having its wastewater discharge permit revoked:
A. 
Failure of an industrial user to factually report the wastewater constituents and characteristics of its discharge in any application for a wastewater discharge permit, or in any reports required by Subpart E, §§ 18-231, 18-232, 18-233, or 18-234, of this Part;
B. 
Failure of the industrial user to report significant changes in operations, or wastewater constituents and characteristics as required in Subpart E, § 18-240, of this Part;
C. 
Refusal of reasonable access to the industrial user's premises for the purpose of inspection or monitoring; or
D. 
Significant noncompliance with conditions of the wastewater discharge permit.
2. 
Discharge of any industrial waste to the sewer system by a significant industrial user without a wastewater discharge permit is an unauthorized discharge, as provided in Subpart E, § 18-221, and is subject to the penalties provided herein.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
Whenever the Township finds that any industrial user has violated or is violating the provisions of the industrial pretreatment program, its wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the Township may serve upon such industrial user a written notice stating the nature of the violation, and requiring a response within a specified time. Responses required of industrial users may include, but are not restricted to, actions, plans, compliance schedules, or written explanations.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
1. 
The Township may require 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 or its wastewater discharge permit, 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 reasons why the action is to be taken, the proposed enforcement action, and directing the industrial user to show cause before the 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 Township may itself conduct the hearing and take the evidence, or may designate any of its members or any 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 must be under oath and recorded 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 thereof.
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 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 SPCC plans or other measures;
E. 
Other measures found to be necessary to correct the unauthorized discharge or other noncompliance;
F. 
The direction may be in the form of a schedule for compliance, setting dates by which certain actions shall be taken.
5. 
Failure of an industrial user to comply with directions issued pursuant to a hearing constitutes a violation of this Part and may be subject to additional actions or penalties as outlined in this subpart.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
The Township may issue written directions as described in § 18-246, Subsection 4, of this subpart without a show cause hearing if the Township determines that such directions are necessary to correct conditions or remedy continuing violations of this Part or any wastewater discharge permit or other requirements of the industrial pretreatment program, the Township or federal or state regulations.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
1. 
An industrial user may appeal the enforcement actions enumerated above in § § 18-243, 18-244, 18-246 and 18-247 of this subpart, or wastewater discharge permit conditions, in whole or in part. An appeal is subject to the following requirements:
A. 
The appeal must be made, in writing, to the Township.
B. 
The appeal must be made within 30 calendar days from the date of receipt of the wastewater discharge permit, written directions, or notice of suspension or revocation of a wastewater discharge permit being appealed by the industrial user.
C. 
The appeal must state the specific provision(s) of a wastewater discharge permit or the specific directions of the Township which are being contested.
D. 
The appeal must state the reasons for the appeal of each provision.
E. 
The appeal may suggest alternate or revised provisions to replace those appealed.
2. 
Provisions mandated by federal or state regulations (e.g., compliance with categorical standards) shall not be appealed.
3. 
An appeal shall be made to the Township, and shall be reviewed by any designated representative(s) of the Township, provided:
A. 
The representative shall not be the pretreatment coordinator; and
B. 
The representative is not the Superintendent.
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.
B. 
The finding of merit for each point, and the reason(s) for finding.
C. 
For each point found to be with merit, a proposed remedy, and a finding that the remedy is allowable under the provisions of the industrial pretreatment program, and all applicable federal, state and local rules, regulations and laws.
5. 
The Township shall review 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 shall, within 45 days of the conclusion of testimony, decide to:
A. 
Grant the appeal or portions of the appeal, applying such remedies as it deems proper; or
B. 
Deny the appeal.
6. 
This decision constitutes final administrative action.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
If any person violates the provisions of the industrial pretreatment program, including local federal or state pretreatment requirements, categorical standards, or any wastewater discharge permit or written directions issued by the Township, the Township may commence an action for appropriate legal and/or equitable relief in the (Circuit) Court of Luzerne County.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
If any person causes or permits an unauthorized discharge to occur, or otherwise violates the conditions imposed by the industrial pretreatment program or any wastewater discharge permit or written directions issued by the Township, or any federal or state pretreatment requirement or categorical standard, the Township may commence an action in the (Circuit) Court of Luzerne County for injunctive relief to stop the unauthorized discharge or to require compliance with the applicable condition.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
The Township may develop an enforcement response plan to guide the pretreatment coordinator in the administration of the industrial pretreatment program. The enforcement response plan shall meet the requirements of 40 CFR 403.8(f)(5) regarding the contents of enforcement response plans. The pretreatment coordinator shall be guided by the enforcement response plan when reviewing industrial user reports, inspection results and other compliance information, and when recommending to the Township enforcement action in response to noncompliance.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
1. 
The Township shall publish annually a list of industrial users that were found to be in significant noncompliance during the previous calendar year. The list shall be published in a newspaper of general circulation within the municipalities served by the sewage collection system. Significant noncompliance shall be determined using measures of rate, magnitude, and type of noncompliance, as delineated below:
A. 
Chronic violations of local limits, prohibited discharge standards, categorical standards, or other numerical limitations on discharges of industrial waste. A chronic violation occurs if 66% or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits.
B. 
Technical review criteria (TRC) violations of local limits, prohibitive discharge standards, categorical standards, or other numerical limitations on discharges of industrial waste. A TRC violation occurs if 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, multiplied by the applicable TRC. For conventional pollutants (BOD, total suspended solids and fats, oil and grease), the TRC equals 1.4; for all other pollutants except pH, the TRC equals 1.2.
C. 
Any violation of local limits, prohibitive discharge standards, categorical standards, or other standard or requirement for discharges of industrial waste which the Township determines has caused, alone or in combination with other discharges, pass through or interference, or has endangered the health or safety of sewer system maintenance or operating personnel or the public.
D. 
Any discharge that has caused imminent endangerment to human health, welfare or the environment, or has caused the Township to exercise its emergency authority under § 18-243 of this Part.
E. 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or submitted in response to written directions of the Township, for starting construction, completing construction, or attaining final compliance.
F. 
Failure to provide, within 45 days after the due date, any required reports, including but not limited to baseline monitoring reports, periodic compliance reports, reports on compliance with compliance schedules, or reports on a change in operations.
G. 
Failure to accurately report any noncompliance.
H. 
Any other violation, or group of violations, noncompliance or noncompliances, which may include a violation of best management practices, which the Township determines will adversely affect the operation or implementation of the industrial pretreatment program.
[Ord. No. 5/11/1993; as amended by Ord. No. 3-2007, 8/14/2007]
The Township shall maintain records of all enforcement actions taken, the reasons for those actions, and the results of those actions. These records shall be made available to the Approval Authority and the public during normal Township business hours.