“It is not an overflow where it goes into the environment without being treated,” Hinkson said. “There is some treatment.”

The plant’s release of untreated sewage into Bobby Run brought on the consent order and decree city officials signed with Hermitage Municipal Authority and DEP on April 11, 2003.

The city did not consider these four instances to be bypasses — and did not report them to DEP — because city officials believed they were allowed by the consent decree, Hinkson said.

The order notes that the plant’s excess flow treatment storage basins and micro-straining units were taken out of operation in 1996 because they had fallen into disrepair, and the action violated two city permits.

“Without the use of the excess flow treatment system, excess flow is routed through the ‘emergency diversion,’ which bypasses primary and secondary treatment, and combines with treated wastewater in the chlorine contact tank, then discharges,” the order said. “The ‘emergency diversion’ is only permitted for use in an emergency situation.”

The city was fined for overflows in the past, but had not been fined — nor has it reported any overflows — since a plant expansion went on line in 2006. Two equalization basins were built that allow the plant to hold 3è million gallons until it can be properly treated.

“We may be fined now,” Hinkson said.

Hinkson said he was told by DEP Tuesday it likely will take 90 days to renew the city’s discharge permit and allocate new connections to the system.

Gilson said he cannot predict how long it might take to clear up the issues, but added, “Hermitage has always been a community that has been good to deal with.”

The city filed an application for a new discharge permit in October, but the permit expired in April.

The city also has asked for an extension in which to complete a second plant expansion, which was supposed to be complete by 2010. City officials said they cannot make that deadline.

Gilson called the request for an extension on the plant expansion a “separate issue” from the discharge permit.

Under the consent order, the city asks for an annual allocation of sewer connections. In previous years, DEP approved the request and the city has never used up all that were allocated.

DEP will allow connections during the time of the ban for projects that eliminate failing on-lot systems, building projects at LindenPointe technical business park and Stateline Industrial Park, and projects of public need, such as medical facilities.

Hinkson said the city has no projects in the pipeline that would be affected by the ban.