Township of Lower Providence, PA Article XXII Administrative Enforcement Remedies

§ 117-116 Notification of violation.

When the control authority finds that a user has violated, or continues to violate, any provision of this Part 5, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority may serve upon that user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the control authority. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the control authority to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

§ 117-117 Consent orders.

The control authority may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 117-119 and 117-120 of this Part 5.

§ 117-118 Show cause hearing.

The control authority may order a user which has violated, or continues to violate, any provision of this Part 5, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the control authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user, as defined in § 117-67, and required by § 117-88A. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

§ 117-119 Compliance orders.

When the control authority finds that a user has violated, or continues to violate, any provision of this Part 5, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

§ 117-120 Cease and desist orders.

A. When the control authority finds that a user has violated, or continues to violate, any provision of this Part 5, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the control authority may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1) Immediately comply with all requirements; and

(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

B. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

§ 117-121 Administrative civil penalties.

A. When the control authority finds that a user has violated, or continues to violate, any provision of this Part 5, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority may fine such a user in an amount not to exceed $25,000 per day for each violation regardless of jurisdictional boundaries. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, penalties shall be assessed for each day during the period of violation. The foregoing administrative civil penalties shall be enforced in accordance with the provisions of §§ 117-126 and 117-128 of this Part 5.

B. A lien against the user's property will be sought for unpaid charges, fines and penalties.

C. Users desiring to dispute such fines must file a written request for the control authority to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the control authority may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereon, shall be returned to the user. The control authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

D. Issuance of an administrative fine shall not a bar against, or a prerequisite for, taking any other action against the user.

§ 117-122 Emergency suspensions.

A. The control authority may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The control authority may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW or which represents, or may present, an endangerment to the environment.

(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, unless the termination proceedings in § 117-123 of this Part 5 are initiated against the user.

(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the control authority prior to the date of any show cause or termination hearing under § 117-118 or § 117-123 of this Part 5.

B. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

§ 117-123 Termination of discharge.

A. In addition to the provisions in § 117-95 of this Part 5, any user who violates the following conditions is subject to discharge termination:

(1) Violation of wastewater discharge permit conditions;

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(3) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

(4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

(5) Violation of the pretreatment standards in Article XV of this Part 5.

B. Such user will be notified of proposed termination of its discharge and be offered an opportunity to show cause under § 117-118 of this Part 5 why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to, or a prerequisite for, taking any other action against the user.

§ 117-124 Notification to contributing jurisdictions.

The control authority shall provide to the contributing municipality a true and correct copy of any administrative enforcement remedy, judicial enforcement remedy, or supplemental enforcement action initiated by the control authority with reference to an industrial user within the municipality, pursuant to Articles XXII, XXIII and XXIV of this Part 5. The failure to provide a copy to the contributing municipality shall not be a defense to any third party who is a subject of an administrative enforcement remedy, judicial enforcement remedy, or supplemental enforcement action.