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.
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.
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.
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.