When the Pretreatment Coordinator finds that a user has violated,
or continues to violate, any provision of this part, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Pretreatment Coordinator
may serve upon that user a written notice of violation (NOV). The
Pretreatment Coordinator shall require a written response within 14
calendar days be submitted by the user to the Pretreatment Coordinator.
The response shall include an explanation of the violation and a plan
for the satisfactory correction and prevention thereof, to include
specific required actions. Submission of such a plan in no way relieves
the user of liability for any violations occurring before or after
receipt of the NOV. Nothing in this section shall limit the authority
of the Pretreatment Coordinator to take any action, including emergency
actions or any other enforcement action, without first issuing a NOV.
The Pretreatment Coordinator may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 192-121 and 192-122 of this part and shall be judicially enforceable.
The Pretreatment Coordinator may order a user which has violated,
or continues to violate, any provision of this part, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the Pretreatment
Coordinator and show cause why the proposed enforcement action should
not be taken. Notice shall be served on the user specifying the time
and place for the meeting, the proposed enforcement action, the reasons
for such action, and a request that the user show cause why the proposed
enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return
receipt requested) at least 10 calendar days prior to the hearing.
Such notice may be served on any authorized representative of the
user. A show cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
When the Pretreatment Coordinator finds that a user has violated,
or continues to violate, any provision of this part, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Pretreatment Coordinator
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. Compliance 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 POTW. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order 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 any
other action against the user.
A.
When the Pretreatment Coordinator finds that a user has violated,
or continues to violate, any provision of this part, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, or that the user's past violations
are likely to recur, the Pretreatment Coordinator may issue an order
to the user directing it to cease and desist all such violations and
directing the user to:
B.
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
A.
When the Pretreatment Coordinator finds that a user has violated,
or continues to violate, any provision of this part, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Pretreatment Coordinator
may fine such user in an amount not to exceed $1,000 per day for each
violation, regardless of jurisdictional boundaries. Such fines 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.
B.
The procedures for assessing such administrative civil penalties,
and the relevant factors to be considered in assessing such penalties,
shall be as set forth in the Borough's Enforcement Response Plan (ERP)
developed under the Borough's Pretreatment Program, hereby incorporated
by reference and attached hereto as Appendix A[1] and incorporated herein by reference.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.
Unpaid charges, fines, and penalties shall, after 30 calendar days,
be assessed an additional penalty of 10% of the unpaid balance, and
interest shall accrue thereafter at a rate of 1.5% per month. A lien
against the user's property shall be sought for unpaid charges, fines,
and penalties.
D.
In addition to the civil penalties provided herein, the Borough may
recover damages, reasonable attorneys' fees, expert witness fees,
administrative or show cause proceedings costs and/or court costs,
court reporter fees and other administrative enforcement, proceedings,
and/or litigation expenses against the person or user found to be
in violation of this part.
E.
Users desiring to dispute such fines/penalties must file a written
request for the Pretreatment Coordinator to reconsider the fine along
with full payment of the fine amount within five calendar days of
being notified of the fine. Where a request has merit, the Pretreatment
Coordinator may convene a hearing on the matter. In the event the
user's appeal is successful, the payment, together with any interest
accruing thereto, shall be returned to the user. The Pretreatment
Coordinator may add the costs of preparing administrative enforcement
actions, such as notices and orders, to the fine. Failure to appeal
within the five-day period shall result in a waiver of all legal rights
to contest the violation or the amount of the penalty.
F.
Issuance of an administrative fine/penalty shall not be a bar against,
or a prerequisite for, taking any other action against the user.
A.
The Pretreatment Coordinator may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge, which reasonably appears
to present, or cause an imminent or substantial endangerment to the
health or welfare of persons. The Pretreatment Coordinator may also
immediately suspend a user's discharge, after notice and opportunity
to respond, that threatens to interfere with the operation of the
POTW, or which presents, or may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Pretreatment Coordinator may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Pretreatment Coordinator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Pretreatment Coordinator that the period of endangerment has passed, unless the termination proceedings in § 192-125 of this part are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, signed and certified in accordance with § 192-90 of this part, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Pretreatment Coordinator within 15 calendar days thereof.
B.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
A.
In addition to the provisions in § 192-97 of this part, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of individual wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 192-120 of this part why the proposed action should not be taken. Exercise of this option by the Pretreatment Coordinator shall not be a bar to, or a prerequisite for, taking any other action against the user.
