Where a discharge to the Borough sewer system reasonably appears
to be in violation of this chapter, or presents or threatens an imminent
danger to the health and welfare of persons, or an imminent danger
to the environment, or may reasonably appear to have the potential
to cause interference with the operation of the Borough sewer system,
or that may pass through the system, the Borough may immediately initiate
steps to identify the source of the discharge, and to halt or prevent
said discharge. The Borough may seek enforcement, including injunctive
relief, against the source of such discharge and/or the municipality
in which said discharge is located and/or may pursue other available
remedies provided for under law.
A.
Whenever it has been determined that any person has violated or is
violating this chapter, a permit, or any prohibition or limitation
or requirement contained herein, the Borough may serve upon such person
a written notice of violation, which shall be sent via certified or
registered mail to the last known address of the person, stating the
nature of the violation. Within 30 days of the date of the notice,
the person shall submit an explanation of the violation and a plan
for the satisfactory correction thereof to the Borough.
B.
Submission of this plan in no way relieves the person of liability
for any violations occurring before or after receipt of the notice
of violation. Nothing in this section shall limit the authority of
the Borough to take any action, including emergency actions or any
other enforcement actions, without first issuing a notice of violation.
C.
It shall be the obligation of any person within two hours of the
time when such person knew or should have known that it is violating
the provisions of this chapter, permit or any regulation issued pursuant
to this chapter, to notify the Borough. In addition, when the violation
involves the discharge of wastewater above local permitted limits,
the user shall resample and resubmit the results of such resampling
with respect to violated pollutants within 30 days of notice to the
Borough of such violation.
The Borough may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any person determined by the Borough to be in noncompliance. Such documents will include specific action to be taken by the person to correct the noncompliance within a time period specified by the document, and may include the payment of civil penalties and reimbursement of costs pursuant to Article VI of this chapter. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 323-43 of this chapter.
A.
The Borough may order any person that the Borough believes has violated
or continues to violate any provision of this chapter, a wastewater
discharge permit, or an order issued hereunder, or any other pretreatment
standard or requirement, to show cause before the Borough why a proposed
enforcement action should not be taken. A notice shall be served on
the person specifying the time and place of a hearing to be held by
the Borough regarding the violation, the reasons why the action is
to be taken, the proposed enforcement action, and directing the person
to show cause before the Borough Council, or its designee, 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.
B.
The Borough Council may itself conduct the hearing and take the evidence
or may designate any of its members or any officer, employee, or other
person to do so and to:
(1)
Issue in the name of the Borough notices of hearings requesting the
attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(2)
Take the evidence;
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Borough Council
for action thereon.
C.
At any hearing pursuant to this chapter, testimony 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.
D.
A show cause hearing shall not be a bar against, or a prerequisite
for, taking any other action against the person.
A.
Whenever the Borough finds that any person has violated, or continues
to violate, any provision in this chapter, a wastewater discharge
permit, an order issued hereunder, or any other pretreatment standard
or requirement, a Borough Solicitor may serve upon such person an
administrative order containing specific requirements with which the
person must comply. If the person does not come into compliance within
the time provided, sewer service may be discontinued unless in the
Borough's opinion, adequate treatment facilities, devices, or other
related appurtenances will be installed and properly operated.
B.
Administrative orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer, as well as civil penalties and assessments of costs pursuant to Article VI of this chapter. An administrative order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does an administrative order relieve the person of liability for any violation, including any continuing violation. Issuance of an administrative order shall not be a bar against, or a prerequisite for, taking any other action against the person.
A.
The Borough may immediately suspend a person's discharge or permit
when such suspension is necessary in the opinion of the Borough to
stop an actual or threatened discharge which presents or may present
an imminent or substantial endangerment to the health or welfare of
persons, including employees of the POTW, or to the environment, or
may cause interference to the POTW, or pass-through, or which may
cause the Borough to violate any condition of its NPDES permit, or
when, in the opinion of the Borough, the person has demonstrated the
inability or unwillingness to comply with its permit or this chapter.
B.
Any person notified of a suspension of its discharge or permit under
this section shall immediately stop or eliminate the discharge. In
the event of a failure of the person to comply voluntarily with the
suspension order, the Borough may take steps as deemed necessary to
prevent or minimize damage to the POTW system or endangerment to any
individuals, or to assure compliance. The Borough may reinstate the
discharge or permit upon proof of the elimination of the noncomplying
discharge by person, proof of compliance with this chapter, payment
of any damages, fines, penalties, or costs associated with the discharge,
and the submittal of a detailed written statement describing the causes
of the discharge, or noncompliance, and the measures taken to prevent
any future recurrence. This statement must be submitted to the Borough
within five days of the date of occurrence.
C.
Additionally, any person is subject to suspension of its discharge
or permit granted under this chapter for violation of applicable state
and federal regulations or by reason of the commission of any of the
following acts:
(1)
Failure to report factually on discharge wastewater constituents
and characteristics;
(2)
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(3)
Refusal to permit reasonable access to the premises for inspection
and monitoring; or
(4)
Violation of any of the conditions of its permit or this chapter.
D.
The suspension/termination of a permit by the Borough shall not be
a bar against, or a prerequisite for, taking other action against
a person.
A.
When the Borough finds that a person has violated or continues to
violate any provision of this chapter, a permit or order issued hereunder,
or any other pretreatment standard or requirement, or that the person's
past violations are likely to recur, the Borough may issue an order
to the person directing it to cease and desist all such violations
and directing the person to:
B.
The issuance of a cease-and-desist order shall not be a bar against,
or a prerequisite for, taking other action against the person.
A person, upon receipt of notification of suspension of its discharge permit, an administrative order, or a cease-and-desist order, may appeal the decision in writing to the Borough with a statement of reasons therefor within 10 days of receipt of the notice or order. An appeal shall not stay the effect of any such notice or order unless specifically agreed to in writing by the Superintendent, other than the requirement to pay any assessment of civil penalties and costs pursuant to Article VI of this chapter. Failure to appeal within this time period shall result in a waiver of all legal rights to contest the violation or the amount of the penalty or costs.
A.
Notice of hearing. After receipt of an appeal by the Borough, and
upon receipt of notice in writing given to the permit holder or any
agent or officer thereof at least five days prior to the time fixed
therefor the Borough Council, or a designee of the Borough Council,
shall convene and conduct a hearing on the propriety or lack thereof
of the notice or order, during which the appellant and the Borough
may present testimony and evidence. A stenographic recording of the
proceeding shall be made. The full cost of the stenographic transcript
of such a proceeding shall be borne by the appellant who shall pay
to the Borough a fee of $500 within 48 hours of its receipt of notice
of the date of the hearing from the Borough. The Borough shall assess
the appellant any additional costs associated with the stenographic
recording over and above $500 or it shall reimburse appellant any
unused portion thereof less $100 to cover administrative costs.
B.
Method of decision. The findings and determinations of the Borough
shall be in writing and shall be mailed by means of certified or registered
mail to the person or to his duly authorized representative within
30 days of the hearing, unless extended for good cause, with a certified
copy thereof to be filed with the Borough, which determination shall
be binding both upon the Borough and all parties in interest.
C.
Action following appeal decision. The person may appeal the Borough's
decision in accordance with applicable law.
A.
When the Borough finds that a person has violated or continues to
violate any provision of this chapter, a permit or order issued hereunder,
or any other pretreatment standard or requirement, the Borough may
petition the Court of Common Pleas of Montgomery County for the issuance
of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the permit, order or other
requirement imposed by this chapter on the activities of the person.
B.
The Borough may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the person
to conduct environmental remediation. A petition for injunctive relief
shall not be a bar against, or a prerequisite for, taking any other
action against a person.
A person who willfully or negligently violates any provision
of this chapter, a permit or order issued hereunder, or any other
pretreatment standard or requirement, or who willfully or negligently
introduces any substance into the POTW in violation of this chapter,
a permit or order issued hereunder, or any other pretreatment standard
or requirement, or any person who knowingly makes any false statements,
representations or certifications in any application, record, report,
plan or document filed, or required to be maintained pursuant to this
chapter, a permit or order issued hereunder, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device of a method
required under this chapter, may be subject to criminal prosecution
in accordance with the applicable provisions of the Pennsylvania Crimes
Code, 18 Pa.C.S.A. § 101 et seq.
The Superintendent may decline to issue or reissue a wastewater
contribution permit to any person who has failed to comply with any
provision of this chapter, a previous wastewater discharge permit
or order issued hereunder, or any pretreatment standard or requirement,
unless such person first files a satisfactory bond, payable to the
Borough, in a sum not to exceed a value determined by the Superintendent
to be necessary to achieve consistent compliance.
The Superintendent may decline to issue or reissue a wastewater
contribution permit to any person who has failed to comply with any
provision of this chapter, a previous wastewater discharge permit
or order issued hereunder, or any pretreatment standard or requirement,
unless the person first submits proof to the Borough's reasonable
satisfaction that it has obtained financial assurances sufficient
to restore or repair damage to the POTW caused by its discharge.
