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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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