A. 
Notice. When the Authority's staff, the Township's code enforcement official or the Manager of Water Resources finds that a user or other person has violated, or continues to violate, any provision of this Part 4, a wastewater discharge permit or order issued under this Part 4, or any other pretreatment standard or requirement, the official or the Manager of Water Resources may serve upon that user or other person a written notice of violation.
B. 
Response. The user or other person receiving a written notice of violation shall submit a response to the notice, including an explanation of the alleged violation and a plan for the satisfactory correction and prevention of violations (including specific required actions), to the Township, the Authority and the Manager of Water Resources within 20 days after receipt of the notice. Submission of this plan in no way relieves the user or other person of liability for any violations occurring before or after receipt of the notice of violation.
C. 
Notice not required. Nothing in this section shall limit the authority of the Authority, the Township or the Manager of Water Resources to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Authority and/or the Manager of Water Resources may enter into consent agreements, assurances of voluntary compliance or other similar documents establishing agreement with any user or other person responsible for noncompliance. Such documents will include specific action to be taken by the user or other person to correct the noncompliance within a time period specified by the document.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
In general. When the Township's enforcement official or agent, or the Manager of Water Resources, finds that a user has violated, or continues to violate, any provision of this Part 4, a wastewater discharge permit or order issued under this Part 4, or any other pretreatment standard or requirement, the Authority, the Township's code enforcement official or agent, or the Manager of Water Resources may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Restrictions. A compliance order under this section may not extend the deadline for compliance established for a pretreatment standard or requirement.
C. 
Effect. A compliance order does not relieve a user of liability for any violation, including any continuing violation.
D. 
Order not required. A compliance order under this section shall not be a bar against or a prerequisite for the Township, Authority or the City taking any other action against the user.
A. 
In general. When the Authority, Township's code enforcement official or agent, or the Manager of Water Resources, finds that a user has violated, or continues to violate, any provision of this Part 4, a wastewater discharge permit or order issued under this Part 4, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Authority, Township's code enforcement official or agent, or the Manager of Water Resources 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.
(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. 
Order not required. Issuance of a cease and desist order under this section shall not be a bar against or a prerequisite for the Township, Authority or the City taking any other action against the user.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Authority or the Manager of Water Resources may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Part 4, a previous wastewater discharge permit, or order issued under this Part 4, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the Township or the Manager of Water Resources to be necessary to achieve consistent compliance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Township or the Manager of Water Resources may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Part 4, a previous wastewater discharge permit, or order issued under this Part 4, or any other pretreatment standard or requirement, unless such user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the sewer system and the POTW caused by its discharge.
Users who have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the Township.
A. 
In general. When the Authority, Township's code enforcement official or agent finds that a user has violated or continues to violate any provision of this Part 4, a wastewater discharge permit or order issued under this Part 4, or any pretreatment standard or requirement, the code enforcement official or agent may fine such user in an amount not to exceed $25,000, regardless of jurisdictional boundaries. Such penalties 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 penalties may be assessed whether or not the violation was willful or negligent.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Relationship to city administrative penalties. The authority granted in Subsection A is in addition to the separate authority of the Manager of Water Resources or other City officials to impose administrative civil penalties under City ordinances. However, in no case shall the total of the penalties imposed under Subsection A and the administrative civil penalties imposed by the City exceed $25,000 per violation, per day.
C. 
Amount of penalty. The amount of the civil penalty shall be assessed in accordance with the following official Township assessment policy, considering damage to air, water, land or other natural resources, cost of restoration and abatement, savings resulting to the user for the violation, history of past violations, deterrence of future violations, and other relevant factors:
(1) 
Damage to environment. The user shall be assessed between one and five points depending on the degree of damage to the environment, according the following table:
Damage
Points
Extreme
5
Severe
4
Moderate
3
Slight
2
None
1
(2) 
Cost of restoration/abatement. The user shall be assessed between one and five points depending on the cost of restoration or abatement due to the violation, according the following table:
Cost
Points
Over $10,000
5
$7,000 to $10,000
4
$5,000 to $6,999
3
$2,500 to $4,999
2
$0 to $2,500
1
(3) 
Savings to violator. The user shall be assessed between one and five points depending on the amount of savings resulting to the user due to the violation, according the following table:
Cost
Points
Over $10,000
5
$7,000 to $10,000
4
$5,000 to $6,999
3
$2,500 to $4,999
2
$0 to $2,500
1
(4) 
Recent past violations. The user shall be assessed between one and five points depending on the number of past violations in the 365 days before the violation in question, according the following table:
Damage
Points
5 or more
5
4
4
3
3
2
2
1
1
(5) 
Other factors. The user shall be assessed between one and five additional points based on the severity of other factors including, without limitation, damage to the POTW, willfulness and concealment of the violation.
(6) 
Fractional points. The assessment of points may include numbers which are not whole, such as 1.5, to allow flexibility and discretion by enforcement official or agent in arriving at a fair and appropriate penalty.
(7) 
Computation of penalty. The amount of the civil penalty shall be equal to the total number of points assessed under this Subsection C multiplied by $1,000.
D. 
Notice of assessment and appeal process.
(1) 
In general. A notice of the assessment of a civil penalty under this section shall be served personally on the violator or shall be sent by certified mail to the address of the permit holder as noted on the permit, and shall contain:
(a) 
The date(s) of violation.
(b) 
The permit requirement(s) that was/were violated.
(c) 
The amount of the civil penalty assessed.
(d) 
The time frame in which an appeal may be filed.
(e) 
A description of the appeal process to be followed, including the name, address, and telephone number of the person responsible for accepting such appeal.
(2) 
Address for service. Each permit holder shall keep the Township and Authority apprized in writing of any change in mailing address. The address on the permit may be used to send correspondence and notices of civil penalty assessment to permit holders. The sending of a notice of civil assessment to a permit holder's address as stated on the permit shall be conclusively presumed to be valid service. If the certified mail sent to such address is not accepted or picked up by the permit holder, the date of service shall be the date that the certified mail was rejected or returned unclaimed.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Appeal.
(1) 
In general. Any person seeking to appeal the assessment of a civil penalty under this section shall do so by filing a notice of appeal with the Township Secretary (with copies to Authority and to the Township's code enforcement official or agent who assessed the civil penalty) within 30 days after receipt or service of the notice under Subsection D.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Hearing. The Board of Authority, acting as the Hearing Board, shall hear all appeals under this section in accordance with the Local Agency Law, 2 Pa.C.S.A. § 551 et seq. A transcript shall be made of the hearing at the sole expense of the appellant. Appellant shall pay an estimate of the stenographic costs at the time the appeal is filed, and shall pay any balance when billed. Failure to pay an estimate of costs at the time the appeal is filed shall render the appeal void. The Hearing Board shall either affirm, reverse or modify the penalty assessed by the Township's enforcement official or agent based on the evidence received at the hearing and in accordance with the Township's official civil penalty assessment policy under Subsection C.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Further appeals. Appeals from the decision of the Hearing Board shall be made in accordance with applicable law.
F. 
Use of penalties. All civil penalties collected under this section shall be placed in a restricted account and shall only be used by the Township (or any owner or operator of any portion of the POTW):
(1) 
For the repair of damage and any additional maintenance needed or any additional costs imposed as a result of the violation for which the penalty was imposed.
(2) 
To pay any penalties imposed on the Township, the Authority (or any owner or operator of any portion of the POTW) by the federal or state government for violation of pretreatment standards.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
For the costs incurred by the Township and Authority (or any owner or operator of any portion of the POTW) to investigate and take the enforcement action that resulted in a penalty being imposed.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
For monitoring of discharges in the pretreatment program.
(5) 
For capital improvements to the POTW, including sewage collection lines, which may be required by the pretreatment program.
G. 
Civil penalty procedure not required. Assessment of civil penalties under this section shall not be a bar against or a prerequisite for the Township, Authority or the City taking any other action against the user.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).