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[1] also known as "Act 9 of 1992," in addition to any amendments thereto.
[1]
Editor's: See 35 P.S. § 752.1 et seq.
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.
A. 
The POTW-TP or MTMSA may order a user which 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, to appear 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 action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 187-4 and required by § 187-20A of this Part 1. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
B. 
Any hearing conducted pursuant to this section shall be presided over by a committee (hereinafter "committee"), composed of three persons, including two persons designated by the POTW-TP and one person designated by MTMSA. In the event that the POTW-TP or MTMSA fails to designate a hearing participant, then the other member(s) shall designate an individual to so serve. The committee may itself conduct a hearing and take the evidence or may designate any of its members or any officer or employee of the POTW-TP or MTMSA to:
(1) 
Issue, in the name of the committee, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the committee for action thereon.
C. 
At any hearing held pursuant to this Part 1, testimony taken must 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.
D. 
After the committee has reviewed the evidence, it may issue an order, through the MTMSA Manager (who shall actually issue the order), to the user responsible for the discharge directing that following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment facilities, devices, or other related appurtenances are properly operated. Further orders and directives, as are necessary and appropriate, may be issued.
E. 
Any user aggrieved by the enforcement of this Part 1 may take an appeal to the Court of Common Pleas of Montgomery County, Pennsylvania, and have a hearing thereon, if the appeal is filed in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 105 et seq., including the time period for appeal prescribed therein.
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.
A. 
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, or that the user's past violations are likely to recur, the POTW-TP or MTMSA may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
B. 
Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
A. 
When MTMSA or the POTW-TP 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, MTMSA or the POTW-TP may fine the user in an amount not to exceed $25,000 per day or any greater amount which might be permitted by amendment to the POTW Penalty Law. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. The actual amount of the fine in a particular case shall account for the factors set forth in the Enforcement Response Guide and in any separately adopted statements of policy on the imposition of fines pursuant to the POTW Penalty Law.
B. 
Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and if the unpaid charges, fines and penalties are not paid after 60 calendar days, the aggregate amount thereof shall bear interest from the penalty date at the rate of 0.83% per month (10% per year). A lien against the user's property will be sought for unpaid charges, fines, and penalties.
C. 
A user charged with a violation shall have 30 days to pay the proposed penalty in full, or, if the user wishes to contest either the amount of the penalty or the fact of the violation, the user must file an appeal of the action within 30 days to the Court of Common Pleas of Montgomery County, Pennsylvania. Failure to appeal within this period shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.
D. 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
A. 
The POTW-TP or MTMSA may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The POTW-TP or MTMSA may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
B. 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the POTW-TP or MTMSA may take such 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 POTW-TP or MTMSA may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the POTW-TP or MTMSA that the period of endangerment has passed, unless the termination proceedings in § 187-57 of this Part 1 are initiated against the user.
C. 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the POTW-TP or MTMSA prior to the date of any show-cause or termination hearing under § 187-52 or § 187-57 of this Part 1.
D. 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
A. 
In addition to the provisions in § 187-27 of this Part 1, any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of wastewater discharge permit conditions;
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
(5) 
Violation of the pretreatment standards in Article II of this Part 1.
B. 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 187-52 of this Part 1 why the proposed action should not be taken. Exercise of this option by the POTW-TP shall not be a bar to, or a prerequisite for, taking any other action against the user.