Loading...
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)
Any user subject to an enforcement action or issuance or denial of an industrial wastewater discharge permit under this Part 3 may file an appeal with the WVSA within 15 days of receipt of the notice of the enforcement action or permit issuance, revision or denial. Said appeal shall be conducted by the WVSA as provided in the Local Agency Law, 2 Pa. C.S.A. §§ 551 et seq.
(Ord. 2012-4, 9/13/2012, § 5.7)
1. The WVSA shall annually publish in a local newspaper of general circulation, a list of the significant industrial users which were in significant noncompliance with the pretreatment standards and requirements contained herein at least once during the previous calendar year. Significant noncompliance shall include any of the following:
A. Chronic violations, defined as those in which 66 percent or more of all measurements taken for the same pollutant parameter during a six-month period are in excess of an applicable numeric pretreatment standard or requirement, including instantaneous maximum limits.
B. Technical review criteria (TRC) violations, defined as those in which 33 percent or more of all measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC. TRC is 1.4 for BOD, TSS, oil and grease, and 1.2 for all other pollutants except pH.
C. Any other violations of a pretreatment standard or requirement, including a narrative standard, which the WVSA determines has caused or contributed to interference or pass through.
D. Any discharge that has caused imminent endangerment to human health and safety or the environment, or has resulted in the WVSA’s exercise of its authority to halt or prevent such a discharge under §§ 18-354 or 18-355 of this Part 3.
E. Failure to meet a compliance schedule milestone within 90 days of the schedule date.
F. Failure to provide within 45 days after the due date, required reports as itemized in § 18-345 of this Part 3.
G. Failure to accurately report noncompliance.
H. Any other violation or groups of violations including a violation of a BMP imposed by a permit or implemented as part of a plan developed by the user and approved by the WVSA, which the WVSA determines to adversely affect the operation or implementation of its approved Pretreatment Program.
2. The newspaper notice shall also summarize any enforcement actions taken against the user during the same time period.
(Ord. 2012-4, 9/13/2012, § 5.8)
F. Cooperation
Part 4
Sludge
Sludge
Loading...