Borough of Oxford, PA Penalties.

[Ord. 678, 12/29/1992, § 8]

Notice of Violation. Whenever it has been determined that any user has violated or continues to violate the provisions of this Part, the permit or any rule or regulation issued pursuant to this Part, the Borough shall give such user notice of the violation, in writing, by certified United States mail, postage prepaid, to the last known address of the user as contained in the records of the Borough. The written notice shall set forth generally the nature of the violation or violations. Not later than 30 days from the date of notice, the user shall submit to the Borough a plan for the satisfactory correction of such violation or violations. In the event that the Borough, in its sole and absolute discretion, determines that any violation has or will cause injury to the public health, safety or welfare, the POTW or to the environment, this notice and opportunity to submit a plan for correction shall not be required, and the Borough may immediately proceed with enforcement of the provisions of this Part and the rules and regulations adopted pursuant thereto.

Proceedings to Show Cause.

The Borough shall have the right, but not the obligation, to direct any user who permits an unauthorized discharge to POTW to show cause why the action should not be taken against such user pursuant to the terms of this Part. Such user shall be given notice, in writing, generally describing the unauthorized discharge and the time and place for a hearing, at which the user shall show cause why enforcement action should not be taken. The date of such hearing shall not be less than 10 days from the date of notice. Such notice shall be delivered personally to the user or by certified United States mail, return receipt requested. Personal service may be accomplished by leaving a copy at the user's residence or place of business.

The Borough Council may appoint such person or persons as it may deem appropriate to conduct the hearing hereunder. Any hearing shall generally be conducted in the manner provided in the Local Agency Law of the Commonwealth of Pennsylvania.

Administrative Orders. In addition to any other action authorized by this Part or the law, the Borough may issue administrative orders directed to users determined to be in violation of this Part. Such administrative orders may set forth specific requirements and actions for compliance by the user.

Suspension/Termination of Permit. Upon determination by the Borough that actual or threatened action or inaction of the user has or may create imminent or substantial damage to the health, safety or welfare of persons or property, the POTW or the environment or may cause a violation of the NPDES permit of the Borough, the Borough may immediately suspend the permit of the user. The Borough may enforce such suspension as provided in this Part or otherwise by law. The following actions or inactions by a user may be determined by the Borough to be grounds for suspension pursuant to this section:

Violation of any applicable county, state or federal statute, rule or regulation.

Failure to properly file any reports with respect to constituents or characteristics of wastewater discharge.

Failure to properly report operational changes or change in wastewater constituents and characteristics.

Failure at reasonable times to permit access to the user's premises for the purpose of required inspection and monitoring pursuant to this Part.

Violation of any permit conditions or requirements.

Review of Suspension. A user may, within 30 days of receipt of suspension of its permit, request a hearing before the Borough Council in accordance with the provisions of the Local Agency Law. The Borough Council may, by resolution, establish a reasonable filing fee. The cost of any stenographic transcript shall be in accordance with the provisions of the Local Agency Law. If the decision of the Borough Council sustains the action taken pursuant to Subsection 4 above, the user shall be advised of any new suspension date.

Enforcement action. In addition to any action of enforcement pursuant to this Part, any person violating the provisions of this Part, any rules or regulations adopted pursuant thereto or the conditions of any permit issued pursuant to this Part or violating any provision of any applicable county, state or federal rule, regulation or statute may be subject to an action or actions at law or equity brought in any court having jurisdiction.

[Ord. 678, 12/29/1992, § 9]

Any user who is found to have violated an order of the Borough or who failed to comply with any provision of this Part and the orders, rules, regulations and permits issued hereunder may be assessed a civil penalty of not more than $25,000 for each violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct violation. In addition to the penalties provided herein, the Borough may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate action at law or suit in equity against the person found to have violated this Part or the orders, rules, regulations and permits issued hereunder. Any user assessed a civil penalty hereunder shall be afforded an opportunity to appeal such determination through the order to show cause procedure set forth in § 18-241, Subsection 4, above.