[Ord. No. 2020-04, 10/1/2020[1]]
1.
Notice. When the Township's enforcement official or the Director
of Public Works finds that a user or other person has violated, or
continues to violate, any provision of this chapter, a wastewater
discharge permit or order issued under this chapter, or any other
pretreatment standard or requirement, the official or the Director
of Public Works may serve upon that user or other person a written
notice of violation.
2.
Response. The user or other person receiving a written notice of
violation shall submit a response to the notice, including an explanation
of the alleged violation and a plan for the satisfactory correction
and prevention of violations (including specific required actions),
to the Township and the Director of Public Works within 20 days after
receipt of the notice. Submission of this plan in no way relieves
the user or other person of liability for any violations occurring
before or after receipt of the notice of violation.
3.
Notice Not Required. Nothing in this section shall limit the authority
of the Township or the Director of Public Works to take any action,
including emergency actions or any other enforcement action, without
first issuing a notice of violation.
[1]
Editor's Note: This ordinance deleted in its entirety
and restated former Part 12, Administrative Enforcement Remedies,
adopted by Ord. No. 1985-7, 10/17/1985, as amended.
[Ord. No. 2020-04, 10/1/2020]
1.
The Township or the Director of Public Works shall publish annually, in the largest daily newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to all significant industrial users (or any other industrial user that violates Subsection 1C, 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 wastewater measurements taken during
a six-month period exceed a numeric pretreatment standard or requirement,
including instantaneous limits as defined herein, for the same pollutant
parameter by any amount.
B.
Technical review criteria violations, defined 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 pretreatment
standard or requirement including instantaneous limits, as defined
herein, multiplied by the applicable criteria (1.4 BOD total suspended
solids, fats, oils, and grease, and 1.2 for all other pollutants except
pH).
C.
Any other violation of a pretreatment standard or requirement as
defined by this chapter (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the Township or the Director of
Public Works 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.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the exercise
of emergency authority by the Township or the Director of Public Works
to halt or prevent such a discharge.
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for stalling construction, completing construction, or attaining
final compliance.
F.
Failure to provide, within 45 days after the due date, any 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.
Any other violation(s), which may include a violation of best management
practices, which the Township or the Director of Public Works determines
will adversely affect the operation or implementation of the local
pretreatment program.
[Ord. No. 2020-04, 10/1/2020]
The Township and/or the Director of Public Works may enter into consent agreements, assurances of voluntary compliance, or other similar documents establishing an agreement with any user or other person responsible for noncompliance. Such documents will include specific action to be taken by the user or other person 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 §§ 18-1205 and 18-1206 of this chapter and shall be judicially enforceable.
[Ord. No. 2020-04, 10/1/2020]
1.
In General. The Township's enforcement official or agent, or
the Director of Public Works, may order a user which has violated,
or continues to violate, any provision of this chapter, or any other
pretreatment standard or requirement, to appear before that person
or entity and show cause why the proposed enforcement action should
not be taken.
2.
Notice. Notice of a meeting under Subsection 1 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 shall be served on any authorized representative of the user personally or by registered or certified mail (return receipt requested) at least 10 days prior to the meeting.
3.
Meeting Not Required. A meeting under this section shall not be a
bar against, nor a prerequisite for, the Township or the City taking
any other action against the user.
[Ord. No. 2020-04, 10/1/2020]
1.
In General. When the Township's enforcement official or agent,
or the Director of Public Works, finds that a user has violated, or
continues to violate, any provision of this chapter, a wastewater
discharge permit or order issued under this chapter, or any other
pretreatment standard or requirement, the Township's enforcement
official or agent, or the Director of Public Works, may issue an order
to the user responsible for the discharge directing that the user
come into compliance within a specified time.
2.
Post-order Compliance. If the user does not come into compliance
within the time provided, sewer service may be discontinued 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.
3.
Restrictions. A compliance order under this section may not extend
the deadline for compliance established for a pretreatment standard
or requirement.
4.
Effect. A compliance order does not relieve a user of liability for
any violation, including any continuing violation.
5.
Order Not Required. A compliance order under this section shall not
be a bar against, or a prerequisite for, the Township or the City
taking any other action against the user.
[Ord. No. 2020-04, 10/1/2020]
1.
In General. When the Township's enforcement official or agent,
or the Director of Public Works, finds that a user has violated, or
continues to violate, any provision of this chapter, a wastewater
discharge permit or order issued under this chapter, or any other
pretreatment standard or requirement, or that the user's past
violations are likely to recur, the Township's enforcement official
or agent, or the Director of Public Works, may issue an order to the
user directing it to cease and desist all such violations and directing
the user to:
2.
Order Not Required. Issuance of a cease-and-desist order under this
section shall not be a bar against, or a prerequisite for, the Township
or the City taking any other action against the user.
[Ord. No. 2020-04, 10/1/2020]
The Township or the Director of Public Works may decline to
issue or reissue a wastewater discharge permit to any user who has
failed to comply with any provision of this chapter, a previous wastewater
discharge permit, or order issued under this chapter, or any other
pretreatment standard or requirement, unless such user first files
a satisfactory bond, payable to the Township or its designee, in a
sum not to exceed a value determined by the Township or the Director
of Public Works to be necessary to achieve consistent compliance.
[Ord. No. 2020-04, 10/1/2020]
The Township or the Director of Public Works may decline to
issue or reissue a wastewater discharge permit to any user who has
failed to comply with any provision of this chapter, a previous wastewater
discharge permit, or order issued under this chapter, or any other
pretreatment standard or requirement, unless such user first submits
proof that it has obtained financial assurances sufficient to restore
or repair damage to the sewerage system and the POTW caused by its
discharge.
[Ord. No. 2020-04, 10/1/2020]
Users who have not achieved compliance with applicable pretreatment
standards and requirements are not eligible to receive a contractual
award for the sale of goods or services to the Township. Existing
contracts for the sale of goods or services to the Township held by
a user found to be in significant noncompliance with pretreatment
standards or requirements may be terminated at the discretion of the
Township and the Director of Public Works.
[Ord. No. 2020-04, 10/1/2020]
1.
In General. When the Township's enforcement official or agent
finds that a user has violated, or continues to violate, any provision
of this chapter, a wastewater discharge permit or order issued under
this chapter, or any pretreatment standard or requirement, the enforcement
official or agent may fine such user in an amount not to exceed $25,000,
regardless of jurisdictional boundaries. Such penalties shall be assessed
on a per-violation, per-day basis. In the case of monthly or other
long-term average discharge limits, fines shall be assessed for each
day during the period of violation. The penalties may be assessed
whether or not the violation was willful or negligent.
2.
Relationship to City Administrative Penalties. The authority granted in Subsection 1 is in addition to the separate authority of the Director of Public Works or other City officials to impose administrative civil penalties under City ordinances. However, in no case shall the total of the penalties imposed under Subsection 1 and the administrative civil penalties imposed by the City exceed $25,000 per violation, per day.
3.
Amount of Penalty. The amount of the civil penalty shall be assessed
in accordance with the following official Township assessment policy,
considering damage to air, water, land, or other natural resources,
cost of restoration and abatement, savings resulting to the user for
the violation, history of past violations, deterrence of future violations,
and other relevant factors:
A.
Damage to Environment. The user shall be assessed between one and
five points depending on the degree of damage to the environment,
according the following table:
|
Damage
|
Points
|
|---|---|
|
Extreme
|
5
|
|
Severe
|
4
|
|
Moderate
|
3
|
|
Slight
|
2
|
|
None
|
1
|
B.
Cost of Restoration Abatement. The user shall be assessed between
one and five points depending on the cost of restoration or abatement
due to the violation, according the following table:
|
Cost
|
Points
|
|---|---|
|
Over $10,000
|
5
|
|
$7,000 to $10,000
|
4
|
|
$5,000 to $6,999
|
3
|
|
$2,500 to $4,999
|
2
|
|
$0 to $2,500
|
1
|
C.
Savings to Violator. The user shall be assessed between one and five
points depending on the amount of savings resulting to the user due
to the violation, according the following table:
|
Savings
|
Points
|
|---|---|
|
Over $10,000
|
5
|
|
$7,000 to $10,000
|
4
|
|
$5,000 to $6,999
|
3
|
|
$2,500 to $4,999
|
2
|
|
$0 to $2,500
|
1
|
D.
Recent Past Violations. The user shall be assessed between one and
five points depending on the number of past violations in the 365
days before the violation in question, according the following table:
|
Damage
|
Points
|
|---|---|
|
5 or more
|
5
|
|
4
|
4
|
|
3
|
3
|
|
2
|
2
|
|
1
|
1
|
E.
Other Factors. The user shall be assessed between one and five additional
points based on the severity of other factors, including, without
limitation, damage to the POTW, willfulness, and concealment of the
violation.
F.
Fractional Points. The assessment of points may include numbers which
are not whole, such as 1.5, to allow flexibility and discretion by
the enforcement official or agent in arriving at a fair and appropriate
penalty.
4.
Notice of Assessment and Appeal Process.
A.
In General. A notice of the assessment of a civil penalty under this
section shall be served personally on the violator or shall be sent
by certified mail to the address of the permit holder as noted on
the permit, and shall contain:
(1)
The date(s) of violation.
(2)
The permit requirement(s) that was/were violated.
(3)
The amount of the civil penalty assessed.
(4)
The time frame in which an appeal may be filed.
(5)
A description of the appeal process to be followed, including
the name, address, and telephone number of the person responsible
for accepting such appeal.
B.
Address for Service. Each permit holder shall keep the Township apprised
in writing of any change in mailing address. The address on the permit
may be used to send correspondence and notices of civil penalty assessment
to permit holders. The sending of a notice of civil assessment to
a permit holder's address as stated on the permit shall be conclusively
presumed to be valid service. If the certified mail sent to such address
is not accepted or picked up by the permit holder, the date of service
shall be the date that the certified mail was rejected or returned
unclaimed.
5.
Appeal.
A.
In General. Any person seeking to appeal the assessment of a civil penalty under this section shall do so by filing a notice of appeal with the Township Secretary (with a copy to the Township's enforcement official or agent who assessed the civil penalty) within 30 days after receipt or service of the notice under Subsection 4.
B.
Hearing. The Township Board of Commissioners shall hear all appeals under this section in accordance with the Local Agency Law, 2 Pa.C.S.A. § 551 et seq. A transcript shall be made of the hearing at the sole expense of the appellant. The appellant shall pay an estimate of the stenographic costs at the time the appeal is filed, and shall pay any balance when billed. Failure to pay an estimate of the costs at the time the appeal is filed shall render the appeal void. The Board of Commissioners shall either affirm, reverse, or modify the penalty assessed by the Township's enforcement official or agent based on the evidence received at the hearing and in accordance with the Township's official civil penalty assessment policy under Subsection 3.
C.
Further Appeals. Appeals from the decision of the Board of Commissioners
shall be made in accordance with applicable law.
6.
Use of Penalties. All civil penalties collected under this section
shall be placed in a restricted account and shall only be used by
the Township (or any owner or operator of any portion of the POTW):
A.
For the repair of damage and any additional maintenance needed or
any additional costs imposed as a result of the violation for which
the penalty was imposed.
B.
To pay any penalties imposed on the Township (or any owner or operator
of any portion of the POTW) by the federal or state government for
violation of pretreatment standards.
C.
For the costs incurred by the Township (or any owner or operator
of any portion of the POTW) to investigate and take the enforcement
action that resulted in a penalty being imposed.
D.
For monitoring of discharges in the pretreatment program.
E.
For capital improvements to the POTW, including sewage collection
lines, which may be required by the pretreatment program.
7.
Civil Penalty Procedure Not Required. Assessment of civil penalties
under this section shall not be a bar against, or a prerequisite for,
the Township or the City taking any other action against the user.
[Ord. No. 2020-04, 10/1/2020]
Whenever a user has violated or continues to violate any provision
of this chapter, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, water service to
the user may be severed. Service will recommence, at the user's
expense, only after the user has satisfactorily demonstrated its ability
to comply.
[Ord. No. 2020-04, 10/1/2020]
1.
The Township and the Director of Public Works may immediately suspend
a user's discharge, after informal notice to the user, whenever
such 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 or welfare of persons. The Township and
the Director of Public Works 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.
Any user notified of a 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 and the Director of Public Works may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangement to any individuals. The Township and the Director of Public Works may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director of Public Works that the period of endangerment has passed, unless the termination proceedings in § 18-1213 of this chapter are initiated against the user.
B.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Township and the Director of Public Works prior to the date of any show cause or termination hearing under § 18-1204 or § 18-1213 of this chapter.
2.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
[Ord. No. 2020-04, 10/1/2020]
1.
Termination. In addition to the provisions in § 18-709 of this chapter, any user who violates the following conditions is subject to discharge termination:
A.
Violation of wastewater discharge permit conditions.
B.
Failure to accurately report the wastewater constituents and characteristics
of its discharge.
C.
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge.
D.
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling.
2.
Show Cause Hearing. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 18-1204 of this chapter why the proposed action should not be taken. Exercise of this option by the Township and the Director of Public Works shall not be a bar to, or a prerequisite for, taking any other action against the user.
