1045

1045.26 WATER SUPPLY SEVERANCE.

Whenever a user has violated or continues to violate the provisions of this chapter or any order or a wastewater discharge permit issued hereunder, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply with this chapter or such orders or wastewater discharge permits issued under this chapter. (Ord. 775. Passed 7-15-98.)

1045.27 DECLARATION OF PUBLIC NUISANCES.

Any violation of this chapter or of wastewater discharge permits or orders issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the Enforcing Officer or his or her designee. Any persons creating a public nuisance shall be subject to the provisions of Pennsylvania law governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance. (Ord. 775. Passed 7-15-98.)

1045.28 ELIGIBILITY OF USERS FOR CONTRACTUAL AWARDS.

Users who have not achieved consistent compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the POTW. Existing contracts for the sale of goods or services to the POTW held by a user found to be in significant noncompliance with pretreatment standards may be terminated at the discretion of the POTW. (Ord. 775. Passed 7-15-98.)

1045.29 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.

(a) Upsets.

(1) For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (a)(8) hereof are met.

(3) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

A. An upset occurred and the industrial user can identify the causes of the upset;

B. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;

C. The industrial user has submitted the following information to the POTW and treatment plant operator within twenty-four hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

1. A description of the indirect discharge and the cause of the noncompliance;

2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

3. Steps being taken and/or planned to reduce, eliminate and prevent a recurrence of the noncompliance.

(4) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

(5) Industrial users will have the opportunity for a judicial determination of any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(6) The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced or lost or fails.

(Ord. 775. Passed 7-15-98.)

(b) General and Specific Prohibitions. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions provided in Section 1045.09(a) if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(1) A local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to, and during, the pass through or interference; or

(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the POTW was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(1) As used in this section:

A. “Bypass” means the intentional diversion of waste streams from any portion of an industrial user’s treatment facility.

B. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. “Severe property damage” does not mean economic loss caused by delays in production.

(2) An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of paragraphs (c)(3) and (4) hereof.

(3) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten days before the date of the bypass, if possible.

An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent a reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.

(4) Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless:

A. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

B. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

C. The industrial user submitted notices as required under paragraph (c)(3) hereof.

The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in paragraph (c)(4) hereof.

(Ord. 775. Passed 7-15-98.)

1045.30 PRETREATMENT CHARGES AND FEES.

The POTW may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the POTW Pretreatment Program, which may include:

(a) Fees for wastewater discharge permit applications, including the cost of processing such application.

(b) Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and analyzing an industrial user’s discharge, and reviewing monitoring reports submitted by industrial users.

(d) Fees for filing appeals.

(e) Other fees as the POTW may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines and penalties chargeable by the POTW.

(Ord. 775. Passed 7-15-98.)