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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)
1. Any user who violates the following conditions of this Part 3, applicable state or federal regulations, or an industrial wastewater discharge permit is subject to having its industrial wastewater discharge permit revoked or suspended in accordance with the procedures of this Section:
A. Failure of a user to factually and accurately report the wastewater constituents and characteristics of its discharge.
B. Failure of the user to report significant changes in operations, or changes in industrial wastewater constituents and characteristics, including, but not limited to, changes in facilities related to the control of slug discharges as required by § 18-345 Subsection 1. Paragraph F.
C. Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring.
D. Violation of any condition of the industrial wastewater discharge permit.
2. Upon notice of suspension or revocation of an industrial wastewater discharge permit, the user shall immediately cease the discharge of industrial wastewater to the sewer system. Any discharge of industrial wastewater to the sewer system after notice of revocation or suspension shall be a violation of this Part 3 and subject to the penalties provided herein. In the case of a suspension, the permit shall be reinstated upon a showing that the user has corrected the condition for which the suspension was imposed. In the case of a revocation, the user may only receive a new permit by going through the application process as stated in § 18-335 of this Part 3.
(Ord. 2012-4, 9/13/2012, § 5.4)
1. The Township and/or the WVSA may suspend the wastewater treatment service when such suspension is necessary, in the opinion of the WVSA, 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, to the environment, causes interference or pass through at the WVSA’s treatment plant or causes the WVSA or Township to violate or be in danger of violating any condition of an NPDES permit or state-issued water quality management permit.
2. Any person notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Township may, and the WVSA is authorized to, take such steps as deemed necessary including immediate severance or obstruction of the sewer connection from the user’s property, to prevent or minimize damage to the sewer system or the WVSA facilities or endangerment to any individuals. The WVSA or the Township shall reinstate the wastewater treatment service only upon satisfactory proof of elimination of the noncomplying discharge. All costs associated with the severance and/or reconnection of a sewer shall be incurred by the user.
(Ord. 2012-4, 9/13/2012, § 5.5)
1. Any user who is found to have violated any provision of this Part 3, the rules and regulations of the WVSA, as amended, or any regulations or permits issued by the WVSA or the Township shall be subject to a civil penalty of not less than $100 nor more than $1,000 per each violation. Each day on which a violation shall occur or continue to occur shall be deemed a separate and distinct violation.
2. The Township recognizes that the WVSA has independent civil penalty authority under the provisions of the Publicly Owned Treatment Works Penalty Law (Act 9 of 1992, 35 P.S. §§ 752.1 et seq.). Any violation of this Part 3 shall constitute a violation of the WVSA’s EPA-Approved Industrial Pretreatment Program and subject an industrial user to the penalties provided thereunder. Should WVSA choose to assess a civil penalty under its independent authority against a user who violates any provision of this Part 3, the Township shall cooperate to the extent necessary to aid WVSA in such an action.
3. In addition to the civil penalties provided herein, the Township and/or the WVSA may recover reasonable attorney’s fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Part 3, the WVSA rules and regulations or any permit issued hereunder.
(Ord. 2012-4, 9/13/2012, § 5.6)
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