[Ord. No. 2020-498, 9/24/2020]
1. 
For violations not requiring emergency suspensions, the Township will commence enforcement procedures as outlined in the Township's Pretreatment Enforcement Response Plan which may include: a verbal warning, a written warning, a written notice of violation, an action plan requirement, or termination of service. Generally, enforcement will follow the above-listed sequence; however, depending on the severity and duration of the violation, enforcement may begin at, or omit, any step.
A. 
Notice of Violation. When the Township finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the Township may serve upon that user a written notice of violation. Within seven calendar days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Township. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Township to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
B. 
Consent Orders. The Township may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsection 1D and E of this section and shall be judicially enforceable.
C. 
Show Cause Hearing. The Township may order a user which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Township and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 business days prior to the hearing. Such notice may be served on any authorized representative of the user and required by § 19-406. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
D. 
Compliance Orders. When the Township finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the Township may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, fines may be issued in accordance with the pretreatment enforcement response plan and/or sewer service and/or water service may be discontinued, at the owner's expense, unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
E. 
Cease-and-Desist Orders. When the Township finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Township may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
[Ord. No. 2020-498, 9/24/2020]
1. 
The Township shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the user(s) which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to significant industrial user(s) (or any other industrial user that violates Subsection1C, D or H of this section) and shall mean:
A. 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed a numeric pretreatment standard or requirement, including instantaneous limits;
B. 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C. 
Other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Township determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
D. 
Discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Townships exercise of its emergency authority to halt or prevent such a discharge;
E. 
Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction completing construction, or attaining final compliance;
F. 
Failure to provide within 45 days after the due date, required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. 
Failure to accurately report noncompliance;
H. 
Other violation(s), which may include a violation of best management practices, which the Township determines will adversely affect the operation or implementation of the local pretreatment program.
[Ord. No. 2020-498, 9/24/2020]
1. 
The Township may immediately suspend a user's discharge, after informal notice to the user, whenever such a suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health and welfare of persons. The Township may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
A. 
A user notified of an emergency suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Township may take such steps as deemed necessary, including immediate severance of the sewer connection or water service termination to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Township may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Township that the period of endangerment has passed, unless the termination of the wastewater discharge permit has been initiated.
B. 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement to the Township, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.
2. 
Nothing in this section shall be interpreted as requiring a hearing prior to emergency suspension under this section.
[Ord. No. 2020-498, 9/24/2020]
1. 
An appeal may be made to the Township manager by any user from an enforcement action taken by the Township under Part 10. Such appeal shall be made within 15 days from the date of the notice/enforcement action by filing with the Township Manager a notice of appeal specifying the grounds for the appeal and the appeal fee.
2. 
The Township Manager, or their designee, shall fix a reasonable time for a hearing to consider the appeal, and notice to the user thereof.
3. 
The appeal shall be handled in accordance with the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
4. 
The Township may issue further orders or directives as are necessary or appropriate under the circumstances.
[Ord. No. 2020-498, 9/24/2020]
1. 
In addition to the enforcement mechanisms set forth above, any person violating the provisions of this chapter shall, upon conviction by a district magistrate, be subject to a fine of not less than $100 nor more than $1,000 per day, together with the cost of prosecution, or imprisonment for a period of not more than 30 days. Every violator of the provisions of this chapter shall be deemed guilty of a separate offense each and every day such violation continues and shall be subject to the penalty imposed by this section for each and every separate offense. Any administrative fines assessed by the Township against a user may be added to the user's sewer service charge, and the Township shall have such collection remedies as necessary to collect other service charges.
2. 
The Township may seek civil penalties up to $2,500 per violation of the Sewer Use Ordinance as authorized by the Sewage Facilities Act, 35 P.S. § 750.13a, following notice and a show cause hearing, in addition to the Township's costs for correction and the damages caused by the violation. Such civil penalty may be assessed on a weekly basis for each violation that causes damage of a continuing nature after notice of the assessment to the violator.
3. 
The Township may seek penalties before a magisterial district judge for violation of the Sewer Use Ordinance that constitutes a violation of the Sewage Facilities Act not to exceed $5,000 per day, together with costs of prosecution and the municipality's reasonable attorney's fees, as authorized by the Sewage Facilities Act, 35 P.S. § 750.13. Each day on which a violation occurs shall be deemed a separate and distinct offense.
4. 
The Township may seek civil penalties up to $25,000 per day for violation of the Pretreatment Program Ordinance by an industrial user, pursuant to the Publicly Owned Treatment Works Penalty Law, 35 P.S. § 752.4, in addition to the Township's recovery of its costs to reestablish operations for violations by an industrial user that cause an operation upset.
[Ord. No. 2020-498, 9/24/2020]
1. 
Cost Recovery. The Township may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, as well as the cost of any actual damages incurred by the Township.
2. 
Disconnection from the POTW. In addition to the foregoing penalty, the Township may require the user to remove from the POTW the waste being discharged under a wastewater discharge permit, and should the user fail to remove the waste discharge from the POTW within five days following written notice, the Township may physically disconnect the sanitary sewer carrying such waste from the POTW, with the cost for such action being charged to the owner of the property which is connected to the POTW.
3. 
Water Supply Termination. In addition to any other remedies, whenever a user has violated or continues to violate any provision of this chapter, an individual wastewater discharge permit or order issued hereunder, water service to the user may be terminated. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.
4. 
Separate Offenses. Nothing contained in this section shall affect, in any way, the provisions of this chapter regarding separate offenses for every day any violation occurs.
5. 
The Township shall retain the right to pursue injunctive relief and such other equitable remedies as may be appropriate.
[Ord. No. 2020-498, 9/24/2020]
The remedies provided for in this chapter are not exclusive. The Township may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the Township's enforcement response plan. However, the Township may take other action against any user when the circumstances warrant. Further, the Township is empowered to take more than one enforcement action against any noncompliant user.