[Ord. No. 227, 9/5/2006]
When the Township 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 Township may serve upon that user a written notice of violation.
Within seven days of the receipt of this notice, 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 Township. 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 Township to take any action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
[Ord. No. 227, 9/5/2006]
The Township 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 §§ 23-378 and 23-379 of this Part and shall be judicially enforceable.
[Ord. No. 227, 9/5/2006]
The Township 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 Township and show cause why the proposed enforcement
action should not be taken. Notice shall be serviced 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 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. No. 227, 9/5/2006]
When the Township 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 Township may issue an order to the user responsible for the discharge
directing that the user come into compliance within 15 days. If the
user does not come into compliance within 30 days, sewer service shall
be discontinued unless adequate treatment facilities, devices, or
other related appurtenances are installed and properly operated. Compliance
orders may also 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
federal 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. No. 227, 9/5/2006]
When the Township 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 Township
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
(a)
Immediately comply with all requirements; and
(b)
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
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Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
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[Ord. No. 227, 9/5/2006]
(a)
When the Township 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 Township may fine such user in an amount not to exceed $1,000.
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)
Unpaid charges, fines, and penalties shall, after 15 calendar days,
be assessed an additional penalty of 10% of the unpaid balance, and
interest shall accrue thereafter at a rate of 1% per month. A lien
against the user's property will be sought for unpaid charges, fines,
and penalties.
(c)
Users desiring to dispute such fines must file a written request
for the Township to reconsider the fine along with full payment of
the fine amount within 10 days of being notified of the fine. Where
a request has merit, the Township 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 Township may add the costs of preparing administrative enforcement
actions, such as notices and orders, to the fine.
(d)
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
[Ord. No. 227, 9/5/2006]
The Township 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 Township 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 Township 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 Township may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Township that the period of endangerment has passed, unless the termination proceedings in § 23-382 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,
describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence, to the Township prior to the
date of any show cause or termination hearing under §§ 23-377
and 23-382 of this Part.
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Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
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[Ord. No. 227, 9/5/2006]
In addition to the provisions in § 23-346 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 purposes
of inspection, monitoring, or sampling; or
(e)
Violation of the pretreatment standards in Subpart E of this Part.
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Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 23-377 of this Part why the proposed action should not be taken. Exercise of this option by the Township shall not be a bar to, or a prerequisite for, taking any other action against the user.
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