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," in addition to any amendments thereto and pursuant to
the Civil Penalty Assessment Policy adopted by the control authority.
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.
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.