Whenever the Authority finds that any user has violated or is violating this chapter and the Authority's resolution and the Authority's resolution pursuant thereto, the wastewater discharge permit or any order, prohibition, limitation or requirement contained herein, the Authority may serve upon said user a written notice, stating the nature of the violation. Within 10 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 to the Authority by the user. If the user fails to submit a plan within this ten-day period, the Authority shall develop and enforce a plan to correct the violation in question at the user's expense. The provisions of this section shall not relieve the user of any responsibility under local, state or federal statutes, laws, rules or regulations.
When the Authority finds that a user has violated or continues to violate this chapter and the Authority's resolution and the Authority's resolution pursuant thereto, the wastewater discharge permit or order issued hereunder, the Authority may issue an order to cease and desist all such violations and direct the user in noncompliance to comply forthwith; and take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
When the Authority finds that a user has violated or continues to violate this chapter and the Authority's resolution and the Authority's resolution pursuant thereto, the wastewater discharge permit or order issued thereunder, the Authority may issue a compliance order to the user responsible for the discharge directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Compliance orders may also contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.
The Authority is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as compliance orders issued pursuant to § 137-39, above.
Notwithstanding the aforesaid enforcement provisions, the Authority may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Authority why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Authority regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Authority why the proposed enforcement action should not be taken. The notice of the hearing shall be served by certified or registered mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
A. 
The Authority or other person designated by the Authority shall conduct the hearing and be authorized as follows:
(1) 
To issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter invoked in such hearings.
(2) 
To take the evidence.
(3) 
To transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Authority for action thereon.
B. 
At any hearing held pursuant to this chapter and the Authority's resolution, testimony shall 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.
C. 
After the Authority has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and existing treatment facilities, devices or other appurtenances are properly operated. Further orders and directives deemed necessary and appropriate may be issued by the Authority.
Notwithstanding this chapter and the Authority's resolution, any user who is found to have failed to comply with this chapter and the Authority's resolution and the orders, rules, regulations and permits issued hereunder shall be fined an amount not to exceed $25,000 for each violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Authority may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter and the Authority's resolution, or the orders, rules, regulations and permits issued hereunder. Unpaid charges, fines and penalties shall constitute a lien against an individual user's property. Users desiring to dispute such fines must file a request for the Authority to reconsider the fine within 10 days of being notified of the fine. Where the Authority believes a request has merit, the Authority shall convene a hearing on the matter within 10 days of receiving the request from the user.
A. 
The Authority may suspend the water/wastewater treatment service and/or the wastewater discharge permit when such suspension is necessary, in the opinion of the Authority, in order to stop an actual or threatened discharge which presents, or may present, an imminent endangerment to the health or welfare of persons or to the environment, may interfere with the POTW or may cause the POTW to violate any condition of its NPDES permit.
B. 
Any user notified of a suspension of the water/wastewater treatment service and/or wastewater discharge permit shall immediately stop or eliminate the wastewater discharge to the POTW. In the event of a failure of the user to comply voluntarily with the suspension order, the Authority shall take 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 Authority shall reinstate the wastewater discharge permit upon proof of the elimination of the noncomplying discharge by the user and payment of any damages, fines, penalties or costs associated with the discharge.
C. 
A user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent future occurrence to the Authority within 10 days of the date of occurrence.
A. 
Any user who violates this chapter and the Authority's resolution or applicable state and federal regulations is subject to having his wastewater discharge permit revoked for, but not limited to, the following:
(1) 
Failure of the user to factually report the wastewater constituents and characteristics of discharge.
(2) 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics prior to the changed discharge.
(3) 
Refusal to permit reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
(4) 
Violation of the conditions of the wastewater discharge permit.
(5) 
Termination of undesirable new or increased discharges.
B. 
Noncompliant users will be notified of the proposed termination of their wastewater discharge permit and be offered an opportunity to show cause under § 137-41 of this chapter and the Authority's resolution why the proposed action should not be taken.
If any user or other person discharges sewage, industrial wastes or other wastes into the POTW contrary to this chapter and the Authority's resolution, federal or state pretreatment requirements, any order of the Authority or violates any pretreatment standard or requirement, the Authority Solicitor may commence an action for appropriate legal and/or equitable relief in a court of competent jurisdiction. Some of these actions include the following:
A. 
Injunctive relief. Whenever a user has violated or continues to violate this chapter and the Authority's resolution, the wastewater discharge permit, any order issued hereunder, or any violation of a federal pretreatment standard or requirement, the Authority Solicitor may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the user. The Authority shall have such remedies to collect these fees as it has to collect other sewer service charges.
B. 
Civil penalties. Any user who has violated or continues to violate this chapter and the Authority's resolution pursuant to Act 9 of the Commonwealth of Pennsylvania, or the orders, rules, regulations and permits issued hereunder, shall be liable to the Authority for a civil penalty in an amount not to exceed $25,000, plus actual damages incurred by the POTW per violation per day as the violation continues. In addition to the above described penalty and damages, the Authority may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
C. 
Criminal prosecution. Any user who willfully or negligently violates this chapter and the Authority's resolution, the wastewater discharge permit or order issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine in an amount not to exceed $25,000 per violation per day or imprisonment for not more than one year, or both.
D. 
Falsifying information. Any user who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter and the Authority's resolution or the wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required by the Authority shall, upon conviction, be punishable by a fine in an amount not to exceed $25,000 per violation per day or imprisonment for not more than one year, or both.
A. 
Treatment upsets. Any user which experiences an upset in operations that places it in a temporary state of noncompliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation, shall inform the Authority thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed by the user within 10 days. The report shall contain:
(1) 
A description of the upset, its cause(s) and impact on the discharger's compliance status.
(2) 
The duration of noncompliance, including exact dates and times of noncompliance and, if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored.
(3) 
All steps taken or planned to reduce, eliminate and prevent recurrence of such an upset.
B. 
A user which complies with the notification provisions of this section in a timely manner shall have an affirmative defense to any enforcement action brought by the Authority for any noncompliance with this chapter and the Authority's resolution pursuant thereto, the wastewater discharge permit or order issued hereunder, by the user, which arises out of violations attributable to and alleged to have occurred during the period of documented and verified upset.
A. 
A bypass of the treatment system is prohibited unless all of the following conditions are met:
(1) 
The bypass is unavoidable to prevent loss of life, personal injury or severe property damage.
(2) 
There is no feasible alternative to the bypass, including the use of auxiliary treatment or retention of the wastewater.
(3) 
The user properly notifies the Authority as described in § 137-22.
B. 
Users must provide immediate notice to the Authority upon discovery of an unanticipated bypass. If necessary, the Authority may require the user to submit a written report explaining the cause(s), nature and duration of the bypass, and the steps being taken to prevent its recurrence. A user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Users anticipating a bypass must submit notice to the Authority at least 10 days in advance. The Authority may only approve the anticipated bypass if the circumstances satisfy those set forth in this section.
The remedies provided for in this chapter and the Authority's resolution are not exclusive. The Authority may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the Authority's enforcement response plan and civil penalty policy. However, the Authority is empowered to take more than one enforcement action against any noncompliant user.