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.
A.
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.
B.
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.
C.
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.
A.
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.
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.
A.
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.
B.
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:
(1)
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;
(2)
Take the evidence;
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Township
for action thereon.
C.
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.
D.
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:
(1)
Installation of pretreatment facilities or equipment;
(2)
Modification or additions to existing pretreatment facilities
or equipment;
(3)
Initiation of management practices which are required to alter
the nature of the industrial waste being discharged;
(4)
Development or implementation of SPCC plans or other measures;
(5)
Other measures found to be necessary to correct the unauthorized
discharge or other noncompliance.
(6)
The direction may be in the form of a schedule for compliance,
setting dates by which certain actions shall be taken.
E.
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 article.
The Township may issue written directions as described in § 173-108D, of this article 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.
A.
An industrial user may appeal the enforcement actions enumerated above in §§ 173-105, 173-106, 173-108, and 173-109 of this article, or wastewater discharge permit conditions, in whole or in part. An appeal is subject to the following requirements.
(1)
The appeal must be made in writing to the Township.
(2)
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.
(3)
The appeal must state the specific provision(s) of a wastewater
discharge permit or the specific directions of the Township which
are being contested.
(4)
The appeal must state the reasons for the appeal of each provision.
(5)
The appeal may suggest alternate or revised provisions to replace
those appealed.
B.
Provisions mandated by federal or state regulations (e.g., compliance
with categorical standards) shall not be appealed.
D.
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:
(1)
A summary of each item appealed, the appellant's reasons
for appeal, and the appellant's proposed remedies, if any.
(2)
The finding of merit for each point, and the reason(s) for finding.
(3)
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.
E.
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:
F.
This decision constitutes final administrative action.
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 Court of Common
Pleas of Luzerne County.
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 Court of Common Pleas of Luzerne County for injunctive
relief to stop the unauthorized discharge, or to require compliance
with the applicable condition.
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.
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, prohibitive 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 § 173-105 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.
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.
