The purpose of the civil penalty assessment
policy and procedure is to enact a policy pursuant to the Publicly
Owned Treatment Works Penalty Law, Act No. 1992-9. In developing this
civil penalty assessment policy and procedure, the Valley Forge Sewer
Authority (the "Authority") considered the following factors:
A. The damage to air, water, land or other natural resources
of the commonwealth and their uses.
B. Cost of restoration and abatement.
C. Savings resulting to the person in consequence of
the violation.
D. History of past violations.
E. Deterrence of future violations.
F. Harm and/or potential harm to the publicly owned treatment
works (POTW) and/or its employees.
G. Whether the violation resulted or had the potential
to result in the POTW violating its national pollutant discharge elimination
system (NPDES) permit.
H. Whether the violation resulted or could have resulted
in the POTW violating any law or regulation affecting its biosolids
disposal options.
[Amended 7-13-1998 by Res. No. 98-2]
[Amended 7-13-1998 by Res. No. 98-2]
The Publicly Owned Treatment Works Penalty Law (the "POTW Penalty Law") allows the Authority, as the owner and operator of a POTW with an approved pretreatment program, to assess civil penalties of up to $25,000 per day to any person who violates any substantive or procedural provision of §§
110-9 through
110-14 of the Authority's Rules and Regulations Governing the Acceptance of Industrial Waste, Trucked Industrial Waste, Holding Tank Waste and Septage (Rules and Regulations") or any term or condition of any
industrial waste discharge permit, commercial discharge permit or
waste permit issued by the Authority. Each violation for each day
shall constitute a separate and distinct violation. Notwithstanding
the foregoing, a single operational upset which gives rise to simultaneous
violations shall be treated as a single violation.
The Authority has developed enforcement guidelines
(Industrial Waste and Trucked Industrial Waste Control Program, Monitoring
Program and Enforcement Response Plan) which are designed to assist in the identification of the steps to be followed by the Authority to address violations as referenced in §
110-41 above. Where the Authority's enforcement guidelines provide for no more than a telephone call or notice of violation, the Authority may, at its discretion, not assess a penalty. Notwithstanding the foregoing, the fact that the Authority's enforcement guidelines provide only that a telephone call or notice of violation be sent to the discharger shall not limit the Authority's right to impose a penalty where the Authority deems a departure from those guidelines appropriate.