The control authority, in conjunction with the participating municipalities (East Norriton Township, Plymouth Township, Whitpain Township) are fully empowered to undertake all enforcement remedies set forth below in order to assure user compliance with all state and federal laws and regulations. The enforcement actions described herein will be undertaken pursuant to the control authority's duly adopted and EPA-approved Enforcement Response Plan, a federally mandated statement of policy which provides fair and even application of all enforcement remedies to users in violation, such document being available at all times for public inspection. In addition, the control authority retains each and every right and power granted pursuant to the Publicly Owned Treatment Works Penalty Law also known as "Act 9 of 1992,"[1] in addition to any amendments thereto and pursuant to the Civil Penalty Assessment Policy adopted by the control authority.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
With respect to conventional pollutants, the control authority may, from time to time and at its discretion, adopt a policy whereby certain specifically identified conventional pollutants are permissibly discharged to the control authority for removal at the plant, with the cost of such removal to be borne by the discharger. The control authority may expand or limit the list of conventional pollutants to which this surcharge system applies based upon the plant's capacity/ability to effectively remove particular conventional pollutants. In the event that a conventional pollutant is within the scope of the surcharge system as it exists at the time of discharge, then such conventional pollutant discharge shall not be considered a violation of this Part 2. However, any failure to pay the surcharge cost for the plant's removal of the pollutant shall itself be considered a violation of this Part 2 and subject to enforcement action, in addition to all generally held rights of collection.
When the control authority finds that a user has violated, or continues to violate, any provision of this Part 2, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the control authority shall serve upon that user a written notice of violation. The specific manner in which such notice of violation shall issue, and the terms and conditions pursuant to which the user shall respond or correct the violation complained of, shall be as set forth in the Enforcement Response Plan. When the notice of violation includes a plan for satisfactory correction and prevention of the violation, submission of such 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 action or any other enforcement action, without first issuing a notice of violation.
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 will 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 effect as the administrative orders authorized elsewhere in this article of this Part 2 and shall be judicially enforceable.
A. 
The control authority may order a user which has violated, or continues to violate, any provision of this Part 2, 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 hearing, 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 hearing shall be served personally or by registered mail at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
B. 
Any hearing conducted pursuant to this section shall be presided over by the Control Authority Board (hereinafter "Board") as to why the proposed enforcement action should not be taken. In the event that any municipality fails to designate a hearing participant, then the control authority shall designate an individual to so serve. The Board may itself conduct a hearing and take the evidence or may designate any of its members or any officer or employee of the control authority to:
(1) 
Issue, in the name of the Board, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board for action thereon.
C. 
At any hearing held pursuant to this Part 2, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
D. 
After the Board has reviewed the evidence, it may issue an order, through the control authority (who shall actually issue the order), to the user responsible for the discharge directing that following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives, as are necessary and appropriate, may be issued.
E. 
Any user aggrieved by the enforcement of this Part 2 may take an appeal to the Court of Common Pleas of Montgomery County, Pennsylvania, in accordance with the provisions of the Local Agency Law, 2 Pa. C.S.A. § 105, et seq. A failure to appeal in accordance with the Local Agency Law shall result in a waiver of all legal rights to contest the action taken at the show cause hearing.
When the control authority finds that a user has violated, or continues to violate, any provision of this Part 2, 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.
A. 
When the control authority finds that a user has violated, or continues to violate, any provision of this Part 2, 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.
A. 
When the control authority finds that a user has violated, or continues to violate, any provision of this Part 2, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the control authority may fine such user in an amount not to exceed $25,000 or any greater amount which might be permitted by the Publicly Operated Treatment Works Penalty Law[1] and the control authority's Civil Penalty Assessment Policy. Such fines shall be assessed on a per-violation, per-day basis. In the ease 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 Plan.
[1]
Editor's Note: See 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 municipal lien against the user's property shall be filed 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 20 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 thereto, 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 be a bar against, or a prerequisite for, taking any other action against the user.
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 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, 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 § 122-83 of this Part 2 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 described elsewhere in this Part 2.
B. 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
A. 
In addition to the provisions in §§ 122-49 through 122-56 of this Part 2, 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 §§ 122-30 through 122-35 of this Part 2.
B. 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 122-78 of this Part 2 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.