[Ord. 2012-02, 7/5/2012, § 10.1]
When the owner finds that a user has violated, or continues
to violate, any provision of this Part, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the owner may serve upon that user a written notice of violation.
Within the 30 days or such other time period specified in the notice
of violation, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions,
shall be submitted by the user to the owner. Submission of this plan
in no way relieves the user 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 owner to take any action,
including emergency actions or any other enforcement action, without
first issuing a notice of violation.
[Ord. 2012-02, 7/5/2012, § 10.2]
The owner may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will 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 §§ 18-552 and 18-553 of this Part and shall be judicially enforceable.
[Ord. 2012-02, 7/5/2012, § 10.3]
The owner may order a user which has violated, or continues
to violate, any provision of this Part, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
to appear before the owner 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 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.
[Ord. 2012-02, 7/5/2012, § 10.4]
When the owner finds that a user has violated, or continues
to violate, any provision of this Part, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the owner 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 and/or water 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 sewer. 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.
[Ord. 2012-02, 7/5/2012, § 10.5]
1.
When the owner finds that a user has violated, or continues to violate,
any provision of this Part, a 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 owner
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, taking any other action against the user.
[Ord. 2012-02, 7/5/2012, § 10.6]
1.
When the owner finds that an industrial user has violated, or continues
to violate, any provision of this Part, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the owner may assess a civil penalty against such user in an amount
not to exceed $25,000 per day for each violation. Each violation for
each separate day shall constitute a separate and distinct offense.
In the case of monthly or other long-term average discharge limits,
civil penalties may be assessed for each day during the period of
violation.
2.
The procedures for assessing and appealing such administrative civil
penalties, and the relevant factors to be considered in assessing
such penalties, shall be as set forth in the Meadville Area Sewer
Authority Civil Penalty Assessment Policy.
3.
In addition to the civil penalties provided herein, the owner may
recover interest, 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.
4.
Assessment of an administrative civil penalty hereunder shall not
be a bar against, or a prerequisite for, taking any other action against
the user.
[Ord. 2012-02, 7/5/2012, § 10.7]
1.
The owner 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 owner 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.
A.
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 owner 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 owner may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the owner that the period of endangerment has passed, unless the termination proceedings in § 18-556 of this Part are initiated against the user.
B.
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 § 18-522 of this Part, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the owner within five days thereof.
2.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
[Ord. 2012-02, 7/5/2012, § 10.6]
1.
In addition to the provisions in § 18-529 of this Part, any user who violates the following conditions is subject to discharge termination:
A.
Violation of wastewater discharge permit conditions.
B.
Failure to accurately report the wastewater constituents and characteristics
of its discharge.
C.
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge.
D.
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling.
E.
Violation of the pretreatment standards incorporated or established
under Subpart B of this Part.
F.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 18-551 of this Part why the proposed action should not be taken. Exercise of this option by the owner shall not be a bar to, or a prerequisite for, taking any other action against the user.
