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1. The WVSA may require to be provided and operated at the user’s own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems from which a discharge flows into the sewer system. The monitoring facility should normally be situated on the user’s premises, but the municipality may, upon application by the user and when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
2. There shall be ample room in or near such monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the user.
3. Whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the WVSA’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification of approval of the plans by the WVSA or within such other time as may be authorized by WVSA.
(Ord. 2012-4, 9/13/2012, § 4.18)
1. Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the WVSA that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
2. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this Part 3, the National Pollutant Discharge Elimination System (NPDES) permit, and the Pretreatment Program; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristic shall not be recognized as confidential information.
3. Information accepted by the WVSA as confidential, shall not be transmitted to the general public by the WVSA until and unless a ten-day notification is given to the user. Information accepted as confidential by the WVSA shall be made available to governmental agencies. If requested by the user, the EPA and PADER will treat the submitted information as confidential to the extent provided in 40 C.F.R. Part 2.
(Ord. 2012-4, 9/13/2012, § 4.19)
1. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Part 3. Facilities to prevent accidental discharge of prohibited materials and to mitigate, reduce and contain any such discharge shall be provided and maintained at the user’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the WVSA for review, and shall be approved by the WVSA before construction of the facility. No user who commences discharge of industrial wastewater to the sanitary sewer system after the effective date of this Part 3 shall be permitted to introduce pollutants into the system until accidental discharge protection, containment and countermeasure procedures have been approved by the WVSA. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user’s facility as necessary to meet the requirements of this Part 3.
2. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the WVSA of the incident. The notification shall include location of the discharge, type of waste, concentration and volume, and corrective actions being taken.
3. Within five days following an accidental discharge, the user shall submit to the Executive Director a detailed report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the WVSA, its facilities, or any other person or property; nor shall notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Part 3 or other applicable law. Failure to notify the Executive Director of an accidental discharge shall constitute a separate and distinct violation of this Part 3.
4. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of an accidental discharge. Employers shall ensure that all employees who may be present in an area where an accidental discharge may occur are advised of the emergency notification procedure as well as the containment and countermeasures developed by the user to mitigate and control any such discharge.
(Ord. 2012-4, 9/13/2012, § 4.20)
In the case of a nondomestic user that, for reasons of emergency maintenance, equipment failure, or other similar unforeseen event beyond the user’s reasonable control, must discharge prohibited, high strength or other wastewater of unusual strength, character or volume, the user may apply to the Executive Director for an emergency discharge permit. The Executive Director may issue such a permit, on terms and conditions as he or she deems appropriate, upon his or her review of the information provided and in his or her sole discretion. No discharge of the unusual wastewater may be made until and unless an emergency discharge permit has been issued. An emergency discharge permit shall not be issued for longer than 30 days and may be renewed only after a new application has been made.
(Ord. 2012-4, 9/13/2012, § 4.21)
E. Violations and Enforcement
Whenever the WVSA finds that any nondomestic user has violated or is violating this Part 3, the rules and regulations of the WVSA, its industrial wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the WVSA may serve upon such person a written notice of violation stating the nature of the violation. Within 30 days of the date of the notice, or within such other reasonable time as the Executive Director shall state, a plan for the satisfactory correction thereof shall be submitted to the WVSA by the user.
(Ord. 2012-4, 9/13/2012, § 5.1)
1. The WVSA may notify any user who is in violation of this Part 3, an industrial wastewater discharge permit, or the rules and regulations of the WVSA, to show cause before the WVSA Board of Directors (or such other adjudicative body as the WVSA shall select) why a proposed enforcement action should not be taken. The notice shall be served on the user specifying the time and place of a hearing to be held by the WVSA 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 WVSA 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 ten days before the hearing. Service may be made on any agent or officer of a corporation.
2. A show cause hearing is not subject to the requirements of the Local Agency Law, 2 Pa. C.S.A. §§ 551 et seq., but may be conducted as provided in that statute at the discretion of the WVSA Board or adjudicative body.
3. Within a reasonable time after the conclusion of a show cause hearing, the Board of Directors (or adjudicative body) shall issue an opinion regarding the alleged violation and any enforcement action which it believes is appropriate. The WVSA may then proceed to undertake the recommended enforcement action, if any.
(Ord. 2012-4, 9/13/2012, § 5.2)
1. If any person discharges sewage, industrial wastewater or other wastes into the sanitary sewer system contrary to the provisions of this Part 3, federal or state pretreatment requirements, the WVSA rules and regulations or any permit issued by the WVSA, the Municipal Solicitor may commence an action for appropriate legal and/or equitable relief in the courts. When the WVSA determines the need for legal action, said action shall be undertaken by the Township within 30 days of notification by the WVSA.
2. In the alternative, for purposes of enforcement of this Part 3 and the Pretreatment Program, the Township hereby appoints the Wyoming Valley Sanitary Authority as its agent and authorizes the WVSA or its duly appointed agents and employees, to undertake any legal action in the name of the Township, including but not limited to the filing of a civil complaint in the Court of Common Pleas of Luzerne County. In the case that WVSA acts in the name of the Township, the Township shall cooperate with and support the WVSA in the prosecution of any civil action as may be necessary.
(Ord. 2012-4, 9/13/2012, § 5.3)
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