Whenever the Superintendent finds that any user has violated
or is violating this chapter, or any wastewater discharge permit,
order, prohibition, limitation, or requirement permitted by this chapter,
the Superintendent may serve upon such person by mail or in person,
at the discretion of the Superintendent, a written notice stating
the nature of the violation. Within 10 calendar days of the date the
Superintendent mails or personally serves the notice, an explanation
of the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Superintendent, by the user. The
correction and prevention plan shall include specific actions. Submission
of this plan in no way relieves the user of liability for any violations
caused by the user before or after receipt of the notice of violation.
The Superintendent is hereby empowered to enter into consent
orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with the user responsible for the noncompliance.
Such orders shall include specific action to be taken by the user
to correct the noncompliance within a time period also specified by
the order. Consent orders shall have the same force and effect as
an administrative order.
Whenever a user has violated or continues to violate the provisions
of this chapter or an Order or permit issued hereunder, water service
to the user may be severed and service will only recommence, at the
user's expense, after it has satisfactorily demonstrated its
ability to comply. The user may, within 15 calendar days of severance,
petition the Superintendent to reconnect water supply service. Such
petition shall be in written form and shall be transmitted to the
Superintendent by registered mail. The Superintendent shall then:
A. Reject any frivolous petitions;
B. Reconnect the water supply; or
C. Order the petitioner to show cause in accordance with §
91-91, and may as part of the show cause notice request the user to supply additional information.
In the event the Superintendent issues any administrative order,
terminates the user's permit, or makes any fine as set forth
in this article, and the user fails, within the designated period
of time set forth, to petition the Superintendent, as provided in
appropriate sections of this article, the user shall be deemed in
default and its rights to contest the administrative order or fine
shall be deemed waived.
The notices, orders, petitions, or other notification which
the user or Superintendent shall desire or be required to give pursuant
to any sections of this chapter shall be in writing and shall be served
personally or sent by certified mail or registered mail, return receipt
requested, postage prepaid, and the notice, order, petition, or other
communication shall be deemed given upon its mailing as provided herein.
Any notice, administrative order, or communication mailed to the user
pursuant to the sections of this chapter shall be mailed to the user
where the user's effluent is discharged into transmission lines
to the POTW. Any notice, petition, or other communication mailed to
the Superintendent shall be addressed and mailed to the Town Hall
of the Town of Wawarsing.
The Superintendent shall have the right, within the Superintendent's
sole discretion, to utilize any one or more appropriate administrative
remedies set forth in this article. The Superintendent may utilize
more than one administrative remedy established pursuant to this article,
and the Superintendent may hold one show-cause hearing combining more
than one enforcement action.
The Superintendent may decline to reissue a permit to any user
which has failed to comply with the provisions of this chapter or
any order or previous permit issued hereunder unless such user first
files with it a satisfactory bond, payable to the Town, in a sum not
to exceed a value determined by the Superintendent to be necessary
to achieve consistent compliance.
The Superintendent may decline to reissue a permit to any user
which has failed to comply with the provisions of this chapter or
any order or previous permit issued hereunder, unless the user first
submits proof that it has obtained financial assurances sufficient
to restore or repair POTW damage caused by its discharge.
The Superintendent may provide public notification, in the daily
newspaper with the largest circulation in the POTW, of users which
were in significant noncompliance of local or federal pretreatment
standards or requirements since the last such notice. The frequency
of such notices shall be at least once per year.