When the Township finds that a user has violated, or continues to violate, any provision of this Part
5, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, then the Township may serve upon that user a written notice of violation. Within 20 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.
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 §
274-122, Compliance orders, and §
274-123, Cease-and-desist orders, and shall be judicially enforceable.
The Township may order a user which has violated, or continues
to violate, any provision of this Part 5, 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 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.
When the Township finds that a user has violated, or continues
to violate, any provision of this Part 5, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
then the Township 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 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.
When the Township finds that a user has violated, or continues
to violate, any provision of this Part 5, 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 the user 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. Issuance of a
cease-and-desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
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 discharge. 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 §
274-126 of this Part
5, titled "Termination of discharge," 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 §
274-121, Show cause hearing, or §
274-126, Termination of discharge.
C. Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.