The Authority shall enforce these Regulations and all of the requirements hereof and of any permit of any user in addition to the Authority's Enforcement Response Plan, Rules and Regulations, and the procedural requirements set forth herein. The provisions of the Enforcement Response Plan[1] shall not be deemed or interpreted to limit in any way the enforcement of the requirements of these Regulations.
[1]
Editor's Note: The Authority's Enforcement Response Plan and Rules and Regulations are on file in the office of the Executive Director.
A. 
Notice of violation and assessment of penalties. Whenever the Authority finds that any user has violated or is violating any pretreatment standard or requirement, these Regulations, its wastewater contribution permit, or any prohibition, limitation or requirement contained herein, the Authority shall serve upon such person a written notice stating the nature of the violation, proposed penalties, if any, a description of the hereinafter-described appeals process, and the name, address and telephone number of the person responsible for accepting such appeal. The user charged with the penalty shall have 30 days from the date of the notice to pay the proposed penalty in full and submit to the Authority a plan for the satisfactory correction of the violation and/or its results, 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 such 30 days, as herein provided. 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.
B. 
Appeal and hearing:
(1) 
Upon receipt of an appeal from the notice of violation within the above-noted thirty-day period, the Authority shall serve on the user a written notice specifying the time and place of a hearing to be held by the Authority regarding the violation. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation. The user's failure to appear at the hearing shall be deemed to be a withdrawal of the appeal.
(2) 
The Authority may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee to:
(a) 
Issue in the name of the Authority notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) 
Take the evidence;
(c) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the Authority for action thereon.
(3) 
At any hearing held pursuant to these Regulations 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. The user shall have the opportunity to present evidence and cross-examine witnesses against it.
(4) 
After the Authority has reviewed the evidence, it shall issue an order containing findings of fact and conclusions of law. If warranted by the evidence, the order to the user responsible for the discharge may direct that, following a specified time period, the user service will be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as necessary and appropriate may be issued, including affirmation or modification of proposed penalties set forth in the notice of violation.
If any person discharges sewage, industrial wastes or other wastes into the sewerage system contrary to the provisions of these Regulations, its permit, federal or state pretreatment requirements, or any order of the Authority, the Authority's Attorney may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Lancaster County.
If the Authority has been refused access to a building, structure, or property, or any thereof, and is able to demonstrate probable cause to believe that there may be a violation of these Regulations or that there is a need to inspect and/or sample as part of a routine inspections and sampling program of the Authority designed to verify compliance with these Regulations or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Authority may seek issuance of a search warrant from the appropriate judicial authorities.
A. 
The Authority 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 Authority may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interface with the operation of the sewerage system, or which presents, or may present, an endangerment to the environment.
(1) 
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 Authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewerage system, its receiving stream, or endangerment to any individuals. The Authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Authority that the period of endangerment has passed, unless the termination proceedings in these Regulations are initiated against the user.
(2) 
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 Authority prior to the date of any show cause or termination hearing under these Regulations.
B. 
Nothing in these Regulations shall be interpreted as requiring a hearing prior to any emergency suspension under these Regulations.
A. 
Any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of industrial waste 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 pretreatment standards.
B. 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under these Regulations why the proposed action should not be taken. Exercise of this option by the Authority shall not be a bar to, or a prerequisite for, taking any other action against the user.
Nothing in these Regulations or this chapter shall be construed to limit or deny the right of the Authority or any other person to such equitable or other remedies as may otherwise be available with or without process of law, including payment of damages to the Authority by any person causing damage or injury to the sewage system. Any person who causes harm or damage to the sewerage system as a result of a violation of these Regulations shall be liable to the Authority for the full costs of such harm or damage.