A.Â
The Authority may suspend the wastewater treatment
service and/or a permit when such suspension is necessary, in the
opinion of the Authority, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or to the environment,
causes interference to the POTW or may cause the POTW to violate any
condition of its NPDES permit.
B.Â
Any person notified of a suspension of the wastewater
treatment service and/or the permit shall immediately cease wastewater
discharge to the POTW. In the event of a failure of the person to
comply voluntarily with the suspension order, the Authority shall
take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or possible endangerment to any individuals or the environment.
The Authority may reinstate the permit and/or the wastewater treatment
service upon proof, satisfactory to the Authority, of the elimination
of the noncomplying discharge. A detailed written statement submitted
by the user, describing the causes of the harmful contribution and
the measure taken to prevent any future occurrence, shall be submitted
to the Authority within 15 days of the date of occurrence.
Subject to the provisions of § 155-54, whenever the Authority finds that any user has violated or is violating this Part 5, permit conditions or any prohibition, limitation or requirements contained herein, the Authority may serve upon such person a written notice stating the nature of the violation. Within 15 days of the receipt of such notice, an explanation of the violation and a plan satisfactory to the Authority for correction and prevention thereof, to include specific required actions, shall be submitted to the Authority by the user. Submission of such a 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 powers of the Authority to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
If the Authority has been refused access to
a building, structure or property, or any part thereof, and is able
to demonstrate probable cause to believe that there may be a violation
of this Part 5 or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program of the Authority
designed to verify compliance with this Part 5 or any permit or order
issued hereunder or to protect the overall public health, safety and
welfare of the community, the Authority may seek issuance of a search
warrant from the Court of Common Pleas in Norristown, Pennsylvania.
The Authority 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 §§ 155-59 and 155-60 of this Part 5 and shall be judicially enforceable.
The Authority may order a user which has violated or continues to violate any provision of this Part 5, an individual wastewater discharge permit or order issued hereunder, or any pretreatment standard or requirement, to appear before the Authority 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 should not be taken. The notice of the meeting shall be served personally or by registered or certified mail at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 155-31 and required by § 155-48. A show cause hearing shall not be a bar against or prerequisite for taking any other action against the user.
When the Authority finds that a user has violated,
or continues to violate, any provision of this Part 5, an individual
wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Authority may issue an order
to the user responsible for the discharge directing that the user
come into compliance within a specific 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 Authority finds that a user has violated
or continues to violate any provision of this Part 5, an individual
wastewater discharge permit or order issued hereunder, or any pretreatment
standard or requirement, or that the user's past violations are likely
to recur, the Authority may issue an order to the user directing it
to cease and desist all such violations and directing the user to:
A.Â
Immediately comply with all requirements; and
B.Â
Take such appropriate remedial or preventative 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.
A.Â
In addition to the provisions in § 155-47 of this Part 5, any user who violates the following conditions is subject to discharge termination:
(1)Â
Violation of individual wastewater discharge permit
conditions;
(2)Â
Failure to accurately report the wastewater constituents
and characteristics of its discharge;
(3)Â
Failure to report significant changes in operations
or wastewater volume, constituents and characteristics prior to discharge;
(4)Â
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling; or
B.Â
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 155-58 of this Part 5 why the proposed action should not be taken. Exercise of this option by the Authority shall not be a bar to or a prerequisite for taking any other action against the user.
