Subject to the provisions of §
155-54, whenever the Authority finds that any user has violated or is violating this Part
5, permit conditions or any prohibition, limitation or requirements contained herein, the Authority may serve upon such person a written notice stating the nature of the violation. Within 15 days of the receipt of such notice, an explanation of the violation and a plan satisfactory to the Authority for correction and prevention thereof, to include specific required actions, shall be submitted to the Authority by the user. Submission of such a 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 powers of the Authority to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
If the Authority has been refused access to
a building, structure or property, or any part thereof, and is able
to demonstrate probable cause to believe that there may be a violation
of this Part 5 or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program of the Authority
designed to verify compliance with this Part 5 or any permit or order
issued hereunder or to protect the overall public health, safety and
welfare of the community, the Authority may seek issuance of a search
warrant from the Court of Common Pleas in Norristown, Pennsylvania.
The Authority may enter into consent orders, assurances of 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 §§
155-59 and
155-60 of this Part
5 and shall be judicially enforceable.
The Authority may order a user which has violated or continues to violate any provision of this Part
5, an individual wastewater discharge permit or order issued hereunder, or any pretreatment standard or requirement, to appear before the 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 should not be taken. The notice of the meeting shall be served personally or by registered or certified mail at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in §
155-31 and required by §
155-48. A show cause hearing shall not be a bar against or prerequisite for taking any other action against the user.
When the Authority finds that a user has violated,
or continues to violate, any provision of this Part 5, an individual
wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Authority may issue an order
to the user responsible for the discharge directing that the user
come into compliance within a specific 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.
When the Authority finds that a user has violated
or continues to violate any provision of this Part 5, an individual
wastewater discharge permit or order issued hereunder, or any pretreatment
standard or requirement, or that the user's past violations are likely
to recur, the Authority may issue an order to the user directing it
to cease and desist all such violations and directing the user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventative action
as may be needed to properly address a continuing or threatened violation,
including halting operations and/or terminating the discharge. Issuance
of a cease and desist order shall not be a bar against or a prerequisite
for taking any other action against the user.