(A) Emergency suspension of service and industrial waste permit.
(1) The authority may, for good cause shown, immediately terminate service and industrial waste permit of a industrial user where it appears to the authority that an actual or threatened discharge presents an imminent or substantial danger to the health or welfare of persons; a substantial danger to the environment; interference with the operation of the POTW system; a violation of any pretreatment limit imposed by this subchapter, the industrial user’s industrial waste permit or state and federal regulations. Any industrial user notified of the suspension of the authority’s POTW system service and/or industrial waste permit, shall within a reasonable period of time, as set by the authority, cease all discharges to the POTW system.
(2) In the event of failure of the industrial user to comply voluntarily with the suspension order within the specified time, the authority shall commence judicial proceedings immediately thereafter to compel the industrial user’s compliance with such order. The authority shall reinstate the POTW system service and/or industrial waste permit, pending proof by the industrial user of the elimination of the non-compliance discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(B) Revocation of industrial waste permit. The authority may revoke the industrial waste permit of any industrial user which fails to:
(1) Factually report the wastewater constituents and characteristics of its discharge;
(2) Report significant changes in wastewater constituents or characteristics;
(3) Allow reasonable access to the industrial user’s premise by duly authorized representatives, of the authority for the purpose of inspection or monitoring; or
(4) Comply with the conditions of its industrial waste permit, this subchapter, state or federal pretreatment regulations, or any judicial order entered with respect thereto.
(C) Notification of violation. Whenever the authority finds that any industrial user has engaged in conduct which justifies revocation of a industrial waste permit, pursuant to divisions (A) and (B) above, the authority shall serve or cause to be served upon such industrial user a written notice by certified mail, return receipt requested, stating the nature of the alleged violation. Within 30 days of the date of receipt of the notice, the industrial user shall respond in writing to the authority, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof.
(D) Show cause hearing. Where the violation of division (B) of this section is not corrected by timely compliance to administrative orders, the authority may order the industrial user which causes conduct prohibited by division (B) of this section to show cause before the authority or its duly authorized representatives, why the proposed industrial waste permit revocation action should not be taken. A written notice shall be served on the industrial user by certified mail, return receipt requested, specifying the time and place of a hearing to be held by the authority or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action the industrial user to show cause before the authority or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than 14 days before the hearing. Service of said notice may be made on any agent, officer or authorized representative of an industrial user. The proceedings at the hearing shall be considered by the authority which shall then enter appropriate findings and orders with respect to the alleged improper activities of the industrial user. Appeal of such findings and orders may be taken by the industrial user in accordance with state law.
(E) Judicial proceedings. Following the entry of any findings and orders by the authority with respect to the conduct of an industrial user contrary to the provisions of division (B) of this section, the attorney may, following the authorization of such action by the authority, commence an action for appropriate legal and/or equitable relief in the County Court of Commons Pleas.
(F) Annual publication. A list of all significant industrial users which, in the opinion of the authority were subject to enforcement proceedings pursuant to this section during the preceding calendar year, shall be published annually in the month of July the following year in the local newspaper, summarizing the enforcement actions taken against the industrial users during that year, and whose violation remained uncorrected for 45 days or more after notification of noncompliance; or which have exhibited a pattern of noncompliance over that calendar year or which failed to accurately report noncompliance.
(G) Right of appeal. Any industrial user shall have the right to request in writing an interpretation of the ruling by the authority on any matter covered by this subchapter or industrial waste permit, and shall be entitled to a prompt written reply. In the event that such inquiry deals with matters of performance or compliance with this subchapter, or an industrial waste permit for which enforcement activity relating to an alleged violation is subject, receipt of the request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this subchapter may be taken in accordance with state law.
(H) Operating upsets.
(1) Any industrial user which experiences an upset in operations which places the industrial user in a temporary state of non-compliance with this subchapter or an industrial waste permit issued pursuant hereto shall inform the authority thereof within one hour of first awareness of commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the industrial user with the authority within five days. The report shall specify the information requested in 40 C.F.R. § 4.3(3).
(2) A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the authority against an industrial user for any noncompliance with the ordinance or industrial waste permit issued pursuant hereto, which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 1993-09, passed 9-13-1993)