When Ambler Wastewater Treatment Plant finds
that a user has violated, or continues to violate, any provision of
this Part 1, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement, Ambler Wastewater
Treatment Plant 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.
A.
When Ambler Wastewater Treatment Plant finds that
a user has violated, or continues to violate, any provision of this
Part 1, 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, Ambler Wastewater Treatment Plant
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
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.
A.
When Ambler Wastewater Treatment Plant finds that
a user has violated, or continues to violate, any provision of this
Part 1, a wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, Ambler Wastewater
Treatment Plant may fine such user in an amount not to exceed $25,000
or any greater amount which might be permitted by amendment to the
POTW Penalty Law.[1] Such fines shall be assessed on a per-violation, per-day
basis. In the case of monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of
violation. The actual amount of the fine in a particular case shall
account for the factors set forth in the Enforcement Response Guide
and also Ambler Wastewater Treatment Plant's separately adopted Statement
of Policy on the imposition of fines pursuant to the POTW Penalty
Law.
[1]
Editor's Note: See the Publicly Owned Treatment
Works Penalty Law, 35 P.S. § 752.1 et seq.
B.
Unpaid charges, fines and penalties shall, after 30
calendar days, be assessed an additional penalty of 6% of the unpaid
balance, and interest shall accrue thereafter at a rate of 6% per
month. 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 Ambler Wastewater Treatment Plant to reconsider the fine
along with full payment of the fine amount within 20 days of being
notified of the fine. Where a request has merit, Ambler Wastewater
Treatment Plant may convene a hearing on the matter. In the event
that the user's appeal is successful, the payment, together with any
interest accruing thereto, shall be returned to the user. Ambler Wastewater
Treatment Plant 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 be a
bar against, or a prerequisite for, taking any other action against
the user.
A.
Ambler Wastewater Treatment Plant 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. Ambler Wastewater
Treatment Plant 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 presents, 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, Ambler Wastewater Treatment Plant 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. Ambler Wastewater Treatment Plant may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of Ambler Wastewater Treatment Plant that the period of endangerment had passed, unless the termination proceedings in § 122-27.16 of this Part 1 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 Ambler
Wastewater Treatment Plant prior to the date of any show cause or
termination hearing described elsewhere in this Part 1.
A.
In addition to the provisions in §§ 122-13 through 122-18 of this Part 1, 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
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 122-27.11 of this Part 1 why the proposed action should not be taken. Exercise of this option by Ambler Wastewater Treatment Plant shall not be a bar to, or a prerequisite for, taking any other action against the user.
A.
Injunctive relief. When Ambler Wastewater Treatment
Plant finds that a user has violated, or continues to violate, any
provision of this Part 1, a wastewater discharge permit or order issued
hereunder or any other pretreatment standard or requirement, Ambler
Wastewater Treatment Plant may petition the Court of Common Pleas
of Montgomery County, through the attorney for Ambler Wastewater Treatment
Plant, for the issuance of a temporary or permanent injunction, as
appropriate, which restrains or compels the specific performance of
the wastewater discharge permit, order or other requirement imposed
by this Part 1 on activities of the user. Ambler Wastewater Treatment
Plant may also seek such other action as is appropriate for legal
and/or equitable relief, including a requirement for the user to conduct
environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action
against a user.
B.
Civil penalties. In the event that Ambler Wastewater
Treatment Plant is required to seek court redress, for violations
of this Part 1, then all amounts recoverable elsewhere herein as administrative
fines shall be recoverable as civil penalties; attorney's fees, court
costs and related expenses shall also be recoverable. Filing suit
for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a user.
C.
Criminal prosecution. In the event that any discharge
or other violation of this Part 1 constitutes a violation of any criminal
or penal statute, then in addition to all enforcement remedies described
elsewhere in this Part 1, Ambler Wastewater Treatment Plant or Ambler
or the other participating municipalities shall have the unfettered
right to initiate and/or assist in any state or federal criminal proceedings
as a result of such violation. Examples of criminal conduct in connection
with a violation include, but are not limited to, knowing or intentional
introduction of any substance into the Ambler Wastewater Treatment
Plant which causes injury to persons or property, otherwise undertaking
any act or failing to undertake any act which recklessly endangers
the well-being of the community or plant personnel, falsification
of documents required to be filed pursuant to this Part 1 and tampering
with or otherwise rendering inaccurate a monitoring device or similar
equipment.
D.
Remedies nonexclusive. The remedies provided for in
this Part 1 are not exclusive. Ambler Wastewater Treatment Plant may
take any, all or any combination of these actions against a noncompliant
user. Enforcement of pretreatment violations will generally be in
accordance with Ambler Wastewater Treatment Plant's Enforcement Response
Plan. However, Ambler Wastewater Treatment Plant may take other action
against any user when the circumstances warrant. Further, Ambler Wastewater
Treatment Plant is empowered to take more than one enforcement action
against any noncompliant user.
A.
Performance bonds. Ambler Wastewater Treatment Plant
may decline to issue or reissue a wastewater discharge permit to any
user who has failed to comply with any provision of this Part 1, a
previous wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, unless such user first
files a satisfactory bond, payable to Ambler Wastewater Treatment
Plant, in a sum not to exceed a value determined by Ambler Wastewater
Treatment Plant to be necessary to achieve consistent compliance.
B.
Liability insurance. Ambler Wastewater Treatment Plant
may decline to issue or reissue a wastewater discharge permit to any
user who has failed to comply with any provision of this Part 1, a
previous wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, unless the user first
submits proof that it has obtained financial assurances sufficient
to restore or repair damage to the POTW caused by its discharge.
C.
Water supply severance. Whenever a user has violated
or continues to violate any provision of this Part 1, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, 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.
D.
Public nuisances. A violation of any provision of
this Part 1, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement may separately be
declared as a public nuisance to the extent that it constitutes such
nuisance as defined by Pennsylvania law or municipal ordinance.
A.
Upset.
(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 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 Subsection A(3) below are met.
(3)
A 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 user can identify
the cause(s) 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; and
(c)
The user has submitted the following information
to Ambler Wastewater Treatment Plant within 24 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 cause of 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 recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking
to establish the occurrence of an upset shall have the burden of proof.
(5)
Users will have the opportunity for a judicial
determination on any claim of upset only in an enforcement action
brought for noncompliance with categorical pretreatment standards.
(6)
Users 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, lost or fails.
B.
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 122-3A of this Part 1 or the specific prohibitions in § 122-3B of this Part 1 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 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 Ambler Wastewater Treatment Plant was regularly
in compliance with its NPDES permit, and in the case of interference,
was in compliance with applicable sludge use or disposal requirements.
C.
Bypass.
(1)
For the purposes of this section:
(a)
"Bypass" means the intentional diversion of
waste streams from any portion of a 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.
(3)
Notice of bypass.
(a)
If a user knows in advance of the need for a
bypass, it shall submit prior notice to Ambler Wastewater Treatment
Plant, at least 10 days before the date of the bypass, if possible.
(b)
A user shall submit oral notice to Ambler Wastewater
Treatment Plant of an unanticipated bypass that exceeds applicable
pretreatment standards within 24 hours from the time it becomes aware
of the bypass. A written submission shall also be provided within
five days of the time the 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
reoccurrence of the bypass. Ambler Wastewater Treatment Plant may
waive the written report on a case-by-case basis if the oral report
has been received within 24 hours.
(4)
Exceptions.
(a)
Bypass is prohibited, and Ambler Wastewater
Treatment Plant may undertake an enforcement action against a user
for a bypass, unless:
[1]
Bypass was unavoidable to prevent
loss of life, personal injury or severe property damage;
[2]
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
backup 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
