A.
The Commission may suspend the wastewater treatment service and/or
a wastewater contribution permit or cut off the sewer connection when
such suspension or cutoff is necessary, in the opinion of the Commission
or Department, in order to stop an actual or threatened discharge
which:
(1)
Presents or may present an imminent or substantial endangerment
of the health or welfare of persons;
(2)
Presents or may present an imminent or substantial endangerment
to the environment;
(3)
May cause or actually causes interference to the POTW; or
(4)
Causes or will cause the POTW to be in violation of any condition
of its NPDES permit or federal or state law.
B.
The Commission may reinstate the wastewater contribution permit or
the wastewater treatment service upon proof satisfactory to it of
the elimination of the noncomplying discharge.
C.
In the event of a suspension or cutoff under this section, the affected
user shall, within 15 days, submit a written report describing the
event that caused the suspension, its causes and the measures taken
to prevent any recurrence.
D.
Any person notified of a suspension under this section shall immediately
stop or eliminate the contribution. If any person fails voluntarily
and in a timely manner to comply with a suspension order, the Commission
shall take such steps as it deems necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to persons,
the environment, property, the POTW system and/or its receiving stream.
The Commission may revoke any wastewater contribution permit
if the Commission finds that:
A.
A user has falsified information or records required to be submitted
or retained under these regulations in connection with any permit
or pursuant to an order or directive of the Commission or Department;
or
B.
A user has violated any condition of a wastewater contribution permit;
or
C.
A user has refused right of entry; or
D.
A user has failed to reapply for a permit or request a required permit
modification; or
E.
A user has discharged into the POTW in violation of these regulations,
federal or state law; or
F.
Changed circumstances require a temporary or permanent reduction
or elimination of the permitted discharge; or
G.
A user has failed to report the wastewater constituents and characteristics
of his discharge; or
H.
A user has failed to report significant changes in operations or
wastewater constituents and characteristics; or
I.
A user has performed any act or failed to perform any act or breached
any duty which, in the opinion of the Commission or Department, violates
any applicable state or federal statute or regulation or any order
of the Commission.
A.
In general, before, after or concurrently with service of a complaint
the Commission may:
(1)
Issue an order that requires the person to whom the order is
directed to take corrective action within a time set in the order;
(2)
Send a written notice or order that requires the person to whom
the notice is directed to file a written report about the alleged
violation; or
(3)
Send a written notice or order that requires the person to whom
the notice is directed:
B.
Effective date of order. Any order issued under these regulations
is effective immediately, according to its terms, when it is served.
C.
The Commission or Department may issue a notice alleging a violation
or violations of these regulations, the user's permit, state or federal
law or the Commission's regulations. Within 10 days of the date of
this notice, the user shall submit a written explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
including its plan for implementing specific required actions.
D.
Submission of a plan shall not relieve the user of any liability
for any violations occurring before or after receipt of the notice
or order, nor shall corrective action undertaken by a user be deemed
a defense to the imposition of civil penalties imposed under these
regulations.
E.
When the Commission finds that a user has violated or continues to
violate any provision of these regulations, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the Commission may issue an order to the user responsible
for the discharge directing that the user come into compliance within
a specified time. If the user does not come into compliance within
the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices or other related appurtenances are installed
and properly operated. The Commission's 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 or correct violations to these regulations.
A compliance order does not relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking other
action against the user.
F.
Cease-and-desist orders.
(1)
When the Commission finds that a user has violated or continues
to violate any provision of these regulations, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirements, or that the user's past violations are likely to
recur, the Superintendent may issue an order to the user directing
it to cease and desist all such violations and directing the user
to:
(2)
Issuance of a cease-and-desist order shall not be a bar against,
or a prerequisite for, any other action against the user.
A.
Issuance. The Commission may issue a written complaint to the user
if there are reasonable grounds to believe that the person against
whom the complaint is directed has violated:
B.
Contents. A complaint issued under this section shall:
(1)
State the provisions of state, federal or local law which have
been violated;
(2)
State generally the factual basis of the violation(s);
(3)
Set the time and date for a hearing before the Commission, at
which hearing the user shall have a full and fair opportunity to establish
that the alleged violation(s) has not occurred; or
(4)
Order the user who has allegedly caused or contributed to the
violation to appear and show cause at the time and date set for the
hearing why the proposed enforcement action should not be taken.
C.
Whether or not the user appears at the hearing, the Commission may
take immediate enforcement action.
A.
Hearing on order or notice.
(1)
Within 10 days after being served with an order or notice, the
user or person served may request a hearing by writing to the Commission.
The request shall state the reasons for the request, including any
defenses and facts alleged to constitute defenses.
(2)
Upon receipt of a request for hearing, the Commission shall
set a date and time for hearing and shall give reasonable, written
notice to the person requesting it.
B.
The Commission may conduct the hearing or it may designate one or
more of its members to conduct hearing.
C.
The Commission or its designee(s) shall:
(1)
Admit and exclude evidence in accordance with the rules of evidence
applicable in administrative proceedings under the law of the commonwealth.
(2)
Take oral testimony under oath or affirmation.
(3)
Record the proceedings stenographically or by mechanical means.
(4)
Render its decision in writing within a reasonable time.
(5)
Prepare a written transcript or its proceedings at the request
of any party or any person upon payment of reasonable charges set
by the Commission.
D.
The Commission, after hearing, may modify, affirm or reverse, in
whole or in part, the order or notice from which the appeal was taken.
E.
Where required or permitted by federal or state law, the conditions
of its NPDES permit or directives or order of the EPA, the Commission
may take immediate enforcement action, notwithstanding the request
for an administrative hearing or the pending thereof. Nothing in these
regulations requires exhaustion of any administrative process before
resort to judicial remedies or the imposition of any civil fine.
The Commission may enter into consent orders, assurances of
voluntary compliance or other similar arrangements establishing an
agreement with any user or person responsible for noncompliance. Such
documents will include the specific action to be taken by the user
to correct the noncompliance within the time period(s) in the documents.
These agreements and documents shall have the same force and effect
as a final administrative order issued by the Commission under these
regulations.
A.
If any person discharges sewage, industrial wastes or other wastes
into the wastewater disposal system, in violation of, or commits any
act or refrains from doing any act required under the provisions of
these regulations, the regulations and/or orders of the Commission,
state and/or federal pretreatment requirements or any applicable state
or federal law, the Sewer Commission may commence an action for appropriate
legal and/or equitable relief in a court of competent jurisdiction.
B.
The remedy described in Subsection A of this section shall be available notwithstanding the pendency of any administrative action or hearing, and the Commission shall not be required to conduct an administrative hearing or implement any administrative proceeding notice or issue any order in order to seek judicial relief.
