The municipalities with primary responsibility for the POTWs
and the POTW-TPs, in conjunction with MTMSA and/or the 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 POTW-TP's duly adopted and EPA-approved
Enforcement Response Guide, 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 municipalities with primary
responsibility for the POTWs, MTMSA and the POTW-TPs retain 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.
With respect to compatible pollutants (as defined in §
187-4 of this Part
1), the POTW-TPs may, from time to time and at their discretion, adopt a policy whereby certain specifically identified conventional pollutants are permissibly discharged to the POTW for removal at the POTW-TP, with the cost of such removal to be borne by the discharger. The POTW-TP may expand or limit the list of compatible pollutants to which this surcharge system applies based upon the POTW-TP's capacity/ability to effectively remove particular compatible pollutants. In the event that a compatible pollutant is within the scope of the surcharge system as it exists at the time of discharge, then such compatible pollutant discharge shall not be considered a violation of this Part
1. However, any failure to pay the surcharge cost for the POTW-TP's removal of the pollutant shall itself be considered a violation of this Part
1 and subject to enforcement action, in addition to all generally held rights of collection. At no time shall the surcharge factor as calculated by the respective POTW-TP be greater than or equal to 1.7 where 1.0 equals the sum of the values related to compatible pollutants, including flow.
When the POTW-TP or MTMSA finds that a user has violated, or continues to violate, any provision of this Part
1, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the POTW-TP or MTMSA may serve upon that user a written notice of violation. The specific manner in which such notice of violation shall be issued, and the terms and conditions pursuant to which the user shall respond or correct the violation, shall be as set forth in the Enforcement Response Guide. When the notice of violation includes a plan for dissatisfactory 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 POTW-TP or MTMSA to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
The POTW-TP or MTMSA may enter into consent orders, assurances of voluntary 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 §§
187-53 and
187-54 of this Part
1 and shall be judicially enforceable.
When the POTW-TP or MTMSA finds that a user has violated, or
continues to violate, any provision of this Part 1, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, the POTW-TP or MTMSA 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.