Whenever the LLVSA, acting as agent for the
Borough of Old Forge, finds that any nondomestic user has violated
or is violating this Part 4, the rules and regulations of the LLVSA,
its industrial wastewater discharge permit, or any prohibition, limitation
or requirements contained herein, the LLVSA may serve upon such person
a written notice of violation stating the nature of the violation.
Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the LLVSA by the user.
The LLVSA, acting as agent for the Borough of
Old Forge, shall have the right to issue such administrative orders
that shall require the user to achieve compliance. Said orders shall
include but not be limited to the following:
The LLVSA, acting as agent for the Borough of
Old Forge, may order any user who causes or allows an unauthorized
discharge to enter the LLVSA to show cause before the LLVSA's Executive
Director 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 LLVSA 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 LLVSA why the proposed
enforcement action should not be taken. 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.
If any person discharges sewage, industrial
waste or other wastes into the municipality's or LLVSA's wastewater
system contrary to the provisions of this Part 4, federal or state
pretreatment requirements, or any order of the LLVSA, the Solicitor
may commence an action for appropriate legal and/or equitable relief
in the courts. When the municipality or the LLVSA determines the need
for legal action, said action shall be undertaken by the municipality
of the LLVSA within 30 days of notification. In addition, the following
may be taken:
A.
A user who has violated, or continues to violate,
any provision of this Part 4, a wastewater discharge permit or order
issued hereunder or any other pretreatment standard or requirement
shall be liable to the LLVSA, the acting agent for the Borough of
Old Forge, for a maximum civil penalty of $25,000 per violation per
day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of violation.
B.
The Executive Director of the LLVSA, acting as agent
for the Borough of Old Forge, may recover reasonable attorneys' fees,
court costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the LLVSA and the municipality.
C.
In determining the amount of civil liability, the
court shall take into account all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, corrective actions by the
user, the compliance history of the user, and any other factor as
justice requires.
D.
Filing a suit for civil penalties shall not be a bar
against, or a prerequisite for, taking any other action against a
user.
Any user who violates the following conditions of this Part 4 or applicable state and federal regulations is subject to having its industrial wastewater discharge permit revoked in accordance with the procedures of this article:
A.
Failure of a user to factually report the wastewater
constituents and characteristics of their discharge;
B.
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics;
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring; or
D.
Violation of conditions of the industrial wastewater
discharge permit.
A.
The municipality and/or the LLVSA may suspend the
wastewater treatment service when such suspension is necessary, in
the opinion of the LLVSA, acting as agent for the Borough of Old Forge,
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health
or welfare of persons, to the environment, causes interference to
the LLVSA's treatment plant or causes the LLVSA to violate any condition
of its NPDES permit.
B.
Any person notified of a suspension of the wastewater
treatment service shall immediately stop or eliminate the discharge.
In the event of a failure of the person to comply voluntarily with
the suspension order, the LLVSA, acting as agent for the Borough of
Old Forge, shall take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to
the municipality and the LLVSA system or endangerment to any individuals.
The LLVSA shall reinstate the wastewater treatment service upon proof
of elimination of the noncomplying discharge. All costs associated
with the severance and/or reconnection of a sewer shall be incurred
by the user.
Any user who is found to have violated an order
of the municipality or the LLVSA, with regard to the violation of
any provision of this Part 4, the rules and regulations of the LLVSA,
as amended, or any regulations or permits issued under the aforesaid
rules and regulations, shall be fined not less than $100 nor more
than $25,000 per each violation. Each day on which a violation shall
occur or continue to occur shall be deemed a separate and distinct
violation. In addition to penalties provided herein, the municipality
and/or the LLVSA may recover reasonable attorneys' fees, court costs,
court reporter's fees and other expenses of litigation by appropriate
suit at law against the person found to have violated this Part 4
or the orders, rules and regulations and permits issued herein.
A.
The LLVSA, acting as agent for the Borough of Old
Forge, shall annually publish, in a local newspaper of general circulation,
a list of the users which were considered to be in significant noncompliance
with the pretreatment standards contained herein at least once during
the previous 12 months. "Significant noncompliance" shall include
any of the following:
(1)
Chronic violations, defined as those in which 66%
or more of all measurements taken for each regulated pollutant in
a six-month period are in excess of the daily maximum limit or the
monthly average limit;
(2)
Technical review criteria (TRC) violations, defined
as those in which 33% or more of all measurements taken for each regulated
pollutant in a six-month period equal or exceed the product of the
daily maximum limit or the average limit multiplied by the applicable
TRC. TRC is determined to be 1.4 for BOD, TSS, oil and grease and
1.2 for all other pollutants except pH;
(3)
Any other violations of an effluent limit which the
LLVSA determines has caused interference or pass-through;
(4)
Any discharge that has caused imminent endangerment
to human health and safety;
(5)
Failure to meet a compliance schedule milestone;
(6)
Failure to provide, within 30 days after the due date,
required reports;
(7)
Failure to report noncompliance;
(8)
Any other violation or groups of violations which
the LLVSA determines to adversely affect the operation of its approved
pretreatment program.
B.
The notice shall also summarize any enforcement actions
taken against the user during the same time period.
The LLVSA, acting as agent for the Borough of
Old Forge, shall reserve the right to recover the cost of monitoring
from any user found to be in violation of its industrial wastewater
discharge permit, this Part 4 and/or the rules and regulations of
the LLVSA for costs associated with sampling, inspecting, and monitoring
during the period required to determine said violation and until such
time as the violation ceases to exist.
The remedies provided for in this Part 4 are
not exclusive. The LLVSA, acting as agent for the Borough of Old Forge,
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 LLVSA's enforcement response plan. However, the
LLVSA may take other action against any user when the circumstances
warrant. Further, the LLVSA, acting as agent for the Borough of Old
Forge, is empowered to take more than one enforcement action against
any noncompliant user.
