A. General Enforcement Procedures.
(1) The Borough will prepare and adopt an enforcement response guide for the purpose of assisting in identifying industrial user noncompliance and responding with the appropriate enforcement measures. The enforcement response guide may be adopted by resolution of Township Council and will be amended or modified from time to time by resolution of Council. Enforcement options available to the Township include suspension of wastewater treatment service, revocation of industrial discharge permit, assessment of civil and/or criminal penalties, assessment of administrative fines and issuance of administrative orders and court action for injunctive relief.
(2) Remedies Nonexclusive. The provisions of this Section are not exclusive remedies. The Borough and Township reserve the right to take any, all or any combination of these actions against a non compliant user. Enforcement of pretreatment violations will generally be in accordance with the Borough’s enforcement response plan. However, the Borough and Township reserve the right to take other action against any user when the circumstances warrant. Further, the Borough and Township is each empowered to make more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
(3) Annual Publication of Significant Violators. A list of industries which were in significant noncompliance and/or which were subject to enforcement proceedings during the previous calendar year shall be annually published by the Borough in a newspaper of general circulation that provides meaningful public notice in the service area. [Ord. 545]
B. Administrative Enforcement Remedies.
(1) Whenever the Borough Manager finds that any user has violated or is violating this Part, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the Borough Manager or his agent may serve upon said user a written notice of violation. Within 30 days of the receipt of this 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 Borough and Township Manager or designee. Submission of this plan in no way relieves the user of liability for any violations occurring before or receipt of the notice of violation. Nothing in this Section shall limit the Borough or Town ship to take any action, including emergency actions or any other enforcement actions, without first issuing a notice of violation.
(2) Consent Orders. The Borough Manager is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to subsection (B)(4) and (B)(5), below, and shall be judicially enforceable.
(3) Show Cause Hearing. The Borough Manager may order any user which causes to contributes to violation(s) of this Part, wastewater discharge permit, or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the Borough Manager and show cause why a 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 this 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 20 days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user.
(4) Compliance Orders. When the Borough or Township Manager finds out a user has violated or continues to violate the ordinance, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirement, the Borough Manager may issue an order to the user responsible for the discharge directing that the user come into compliance and setting forth a time frame to achieve compliance. If the user does not come into compliance within the required time frame, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. A compliance order may also 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 Federal pretreatment standard or requirements, nor does a compliance order release the user of liability from any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.
(5) Cease and Desist. When the Borough or Township Manager finds the user is violating this Part, the user’s wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Borough or Township Manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements.
(b) Take such appropriate remedial or preventative 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 prerequisite to taking any other action against the user.
(6) Emergency Suspensions. The Borough and Township Managers may immediately suspend a user’s discharge (after informal notice to the user) whenever such suspension is necessary in order 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 Borough Manager may also immediately suspend the 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 immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Borough or Township Manager shall 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 endangerment to any individuals. The Borough or Township Manager shall 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 proceedings set forth in Subsection (B)(7) 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 Borough and Township Managers, prior to the date of any show cause or termination hearing under Subsection (B)(3) and Subsection (B)(7).
Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.
(7) Termination of Discharge.
(b) Any such user will be notified of the proposed termination of its discharge and be offered an opportunity show cause under Subsection (B)(3) of this Section why the proposed action should not be taken.
C. Judicial Enforcement Remedies.
(1) Injunctive Relief. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this Part, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Borough Manager may petition the Court of Common Pleas of Lehigh County through the Borough Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this Part on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be brought by the Borough and Township. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against the user.
(2) Civil Penalties. Civil penalties may be assessed against any user who violates any provision of this Part including, but not limited to, any provision of the pretreatment permit issued under the provisions of this Part.
(3) Criminal Prosecution.
(a) Any user that willfully or negligently violates any provision of this Part, any orders or wastewater discharge permits issued hereunder or any other pretreatment requirements shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation per day or imprisonment for not more than 90 days, or both.
(b) Any user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 and/or be subject to imprisonment for 90 days. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
(c) Any user that knowingly makes any false statement or certification in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this Part, wastewater discharge permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part shall, upon conviction, be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than 90 days.
(d) In the event of a second conviction, a user shall be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than 90 days, or both.
(Ord. 396, 9/6/2000, § 357; as amended by Ord. 545, 4/17/2013, § 22)