This article sets forth uniform requirements for Tredyffrin
Township users of the publicly owned treatment works (POTW) which
are tributary to the Upper Merion Township Trout Run and Matsunk Wastewater
Treatment Plants. Said users are located in Tredyffrin Township's
Trout Run/Panhandle Drainage Areas. This article enables Tredyffrin
Township to comply with all applicable state and federal laws required
by the Clean Water Act of 1977 and the general pretreatment regulations
(40 CFR Part 403).
Pass through the Upper Merion wastewater treatment
plants, inadequately treated, into the receiving waters or the atmosphere
or otherwise be incompatible with the system.
These rules and regulations, as may be amended or
supplemented from time to time, are hereby adopted by Tredyffrin Township
as the rules and regulations governing use of the POTW by users located
in Tredyffrin's Trout Run/Panhandle Drainage Areas. All user in the
Trout Run/Panhandle Drainage Areas shall comply with these regulations.
Any categorical pretreatment standards promulgated
by the United States Environmental Protection Agency (EPA) [promulgated
by authority of the Clean Water Act Sections 307 (b) and (c)] are
automatically incorporated by reference into this article. These standards
shall supersede any specific discharge limits in this article which
are less stringent than the categorical standards as they apply to
the particular industrial subcategory.
Any industrial user, located in Tredyffrin's Trout
Run/Panhandle Drainage Areas, responsible for a significant accidental
discharge of any substance other than sewage into the Township sewer
system shall immediately notify both Upper Merion and Tredyffrin Townships.
Any authorized officer or employee of Upper Merion
or Tredyffrin may enter and inspect, at any reasonable time, any part
of the sewer system of Tredyffrin which is tributary to Upper Merion's
Trout Run or Matsunk Wastewater Treatment Plant. The right of entry
and inspection shall extend to public streets, easements and property
within which the system is located. Additionally, Upper Merion and
Tredyffrin shall be permitted, as appropriate, to enter onto private
property to inspect industrial waste dischargers which discharge to
sewers tributary to Upper Merion's Trout Run or Matsunk Treatment
Plants. Tredyffrin shall make all necessary legal and administrative
arrangements for these inspections. The right of inspection shall
include on-site inspection of pretreatment and sewer facilities, observation,
measurement, sampling, testing and access to (with the right to copy)
all pertinent compliance records located on the premises of the industrial
user.
Tredyffrin Township or Upper Merion Township may suspend
the wastewater treatment service and/or a wastewater contribution
permit when such suspension is necessary, in the opinion of Tredyffrin
or Upper Merion, 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 or which
caused or may cause interference to the POTW or which causes or may
cause Upper Merion to violate any condition of its NPDES permit.
Any person notified of a suspension of the wastewater
treatment service and/or the wastewater contribution permit shall
immediately stop or eliminate the contribution. In the event of a
failure of the person to comply voluntarily with the suspension order,
Tredyffrin Township shall take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize
damage to the POTW system or endangerment to any individuals. Tredyffrin
shall reinstate the wastewater contribution permit and/or the wastewater
treatment service upon proof of the elimination of the noncomplying
discharge. A detailed written statement submitted by the user describing
the causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to Tredyffrin within 15 days
of the date of occurrence.
Revocation of permit. Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of § 163-13 of this article.
Notification of violation. Whenever Tredyffrin or
Upper Merion find that any user has violated or is violating this
article, wastewater contribution permit or any prohibition, limitation
of requirements contained herein or in Upper Merion's rules and regulations,
Tredyffrin may serve upon such person a written notice stating the
nature of the violation. Within 30 days of the date of the notice,
a plan for the satisfactory correction thereof shall be submitted
to the Township by the user.
Tredyffrin Township may order any user who causes
or allows an unauthorized discharge to enter the POTW to show cause
before the Board of Supervisors why the proposed enforcement action
should not be taken. A notice shall be served on the user specifying
the time and place of a hearing to be held by the Board of Supervisors
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 Board of Supervisors 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.
Issue in the name of the Board of Supervisors
notices of hearings requesting the attendance and testimony of witnesses
and the production of evidence relevant to any matter involved in
such hearings.
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Board of Supervisors for action thereon.
At any hearing held pursuant to this article, testimony
taken must be under oath and recorded stenographically. The transcripts,
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.
After the Board of Supervisors has reviewed the evidence,
it may issue an order to the user responsible for the discharge directing
that, following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed or existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
Legal action. If any person discharges sewage, industrial
wastes or other wastes into the Township's sewer system contrary to
the provisions of this article, federal or state pretreatment requirements
or any order of the Township, the Township Solicitor may commence
an action for appropriate legal and/or equitable relief in the Court
of Common Pleas of Chester County.
Civil penalties. Any user who is found to have violated
an order of the Board of Supervisors or who willfully or negligently
failed to comply with any provisions of this article and the orders,
rules, regulations and permits issued hereunder, upon being found
liable therefor in a civil enforcement proceeding, shall pay a fine
of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this
article. No judgment shall be imposed until the date of the determination
of the violation by the District Justice and/or Court. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.[1]
Falsifying information. Any person who knowingly makes
any false statement, representation or certification in any application,
record, report, plan or other document filed or required to be maintained
pursuant to this article or wastewater contribution permit or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this article shall be prosecuted in
accordance with the provisions of the Pennsylvania Crimes Code pertaining
to perjury and falsification of official matters (18 Pa.C.S.A. § 4901
et seq.).