Township of White, PA Part 5 Assessment of Civil Penalties and Costs

Article XII Procedures

§ 235-94 Purpose.

The purpose of this Part 5 is to promote the public health, safety and welfare by implementing and establishing procedures for assessing civil penalties and costs as authorized by the SFA.[1]

[1] Editor's Note: See Sewage Facilities Act, 35 P.S. § 750.1 et seq.

§ 235-95 Civil penalties and costs.

White Township is empowered to assess civil penalties and costs and implement an assessment process for violations of the SFA by and pursuant to § 13a of the said Act (35 P.S. § 750.13a) which section was added to the SFA by the Act of December 14, 1994, P.L. 1250.

§ 235-96 Applicability.

This Part 5 is applicable to any violations of the SFA, any violations of state regulations adopted under the SFA (25 Pa. Code Chapters 71, 72 and 73), violations of any permits issued by White Township under or pursuant to the SFA or the above-cited state regulations, violations of any administrative order issued under or pursuant to the SFA or the above-referenced regulations by the Pennsylvania Department of Environmental Protection or by or on behalf of White Township.

§ 235-97 Definitions.

The definitions of the various terms as listed and defined in the SFA and in state regulations appearing at 25 Pa. Code Chapters 71, 72 and 73 are hereby incorporated by reference into this Part 5, so that any of the terms used herein which are defined by the SFA or the cited regulations, shall have the same meaning as set forth in the statute and those regulations, unless the context clearly indicates otherwise.

§ 235-98 Delegation of authority.

A. White Township hereby delegates to the White Township Sewage Enforcement Officer ("SEO") the power and duty to issue, on behalf of the Township, civil penalty and cost assessments and to take all other action to effectuate the assessment process consistent with § 13a of the SFA (35 P.S. § 750.13a), except as otherwise provided in this Part 5.

B. The SEO or his designee shall conduct the assessment hearing authorized hereunder.

§ 235-99 Notice.

Prior to assessing a civil penalty or cost, the SEO shall provide to the violator in question, a notice of proposed assessment which shall include the following:

A. A description of the action, activity or condition which constitutes the violation or violations for which the penalty is being assessed.

B. A citation to the provisions of the SFA, regulation, the permit and administrative order which the SEO finds has been violated by the person or persons against whom the assessment is being issued.

C. A statement of the amount of civil penalty or costs proposed for each violation.

D. A notice that the violator has the right to request an assessment hearing, the purpose of which is to discuss and evaluate the violations in question, including the amount of the proposed penalty or costs applicable to each.

E. A statement that if the violator desires an assessment hearing, said violator must notify the SEO, in writing, of the request for assessment hearing which written notice must be received by the Township office not later than 15 days following the violator's receipt of the notice of proposed assessment.

F. A statement that if a request for assessment hearing is not received within the allotted time as set forth herein, that the violator will waive his right to an assessment hearing and that the Township may, thereafter, proceed to issue an assessment of civil penalty or costs for the alleged violations set forth in the notice of proposed assessment.

G. A statement explaining that whether or not the violator requests an assessment hearing, the violator will have the right to appeal from any assessment or costs which are ultimately issued, by filing a notice of appeal with the White Township office within 30 days after receipt of notice of the said final assessment.

H. The notice of proposed assessment shall also contain notice that the assessment hearing will be informal and will not be governed by requirements for formal adjudicatory hearings and that if it is requested will be scheduled thereafter by the SEO or the SEO's designee at the convenience of the participant.

§ 235-100 Assessment hearing.

A. If a person who has received notice of a proposed assessment requests an assessment hearing within the time limit as set forth in the notice, the SEO or his designee shall establish a date, time and place for the assessment hearing, which shall be held promptly, but may be scheduled at the convenience of the participants.

B. The civil penalty and/or costs assessment hearing shall be conducted by the SEO or his designee.

C. The hearing shall be informal and shall not be governed by requirements of formal adjudicatory hearings. There will be no sworn testimony and no examinations or cross-examination of witnesses at such hearing. No taping or recording of the meeting shall take place, except upon notice and approval by the hearing officer and all others present at the hearing.

D. At the assessment hearing, the SEO or other representatives of White Township in possession of the facts shall describe to the violator the findings and conclusions with respect to the violations cited in the notice of proposed assessment. The basis for rationale for the proposed assessment in the amount or amounts as set forth in the proposed assessment document may also be explained. The person against whom the proposed assessment has been issued, or his representatives, shall have the opportunity to provide other relevant information as such person sees fit, including mitigating considerations.

E. At or after the assessment hearing, the SEO and the alleged violator may reach a settlement agreement as to the amount of penalty or costs to be paid. In such case an appropriate consent assessment document may be executed between the SEO and the alleged violator.

§ 235-101 Formal assessment.

A. After the civil penalty/cost assessment hearing has been held, or in the event the SEO find that the violator has failed or refused to attend or schedule the assessment hearing within a reasonable time, the SEO may issue a formal assessment against the violator.

B. The civil penalty or costs assessment shall include:

(1) A description of each violation for which a civil penalty or costs are being assessed.

(2) A citation to the statute, regulation, permit or order that has been violated.

(3) A statement of the penalty or costs assessed for each violation.

(4) The total amount of penalty or costs payable.

(5) Instructions as to where to make payment and to whom the check or money order shall be made payable.

(6) An explanation off the alleged violators right to appeal from the assessment which notice shall include language substantially equivalent to the following:

	You have the right to appeal from this assessment by filing with White Township at the above-referenced address a written notice of appeal which must include or be accompanied by the following:
	(1)	Name, telephone number and address of the person or persons filing the appeal.
	(2)	The reasons for the appeal.
	(3)	Payment of the amount of the civil penalty assessed or, alternative, an irrevocable letter of credit in such amount issued by a federal or commonwealth chartered lending institution or an appeal bond made payable to White Township in the amount of the assessed civil penalty. Any such appeal bond must be executed by a surely licensed to do business in this Commonwealth and be in a form satisfactory to White Township.
	The said appeal documents must be received by White Township not later than 30 days from the date of your receipt of the assessment. In such appeal, you shall have the right to contest the amount of the assessment of the fact of the violations. If you fail to file an appeal and the amount of the penalty or appropriate security within 30 days from your receipt of this assessment, you will waive your right to appeal and thereafter proceedings to collect the amount of this assessment will be initiated against you as provided by law."