The Joint Sewer Authority, in conjunction with the participating municipalities (East Norriton Township, Plymouth Township, Whitpain Township) are fully empowered to undertake all enforcement remedies set forth below in order to assure user compliance with all state and federal laws and regulations. The enforcement actions described herein will be undertaken pursuant to the Joint Sewer Authority's duly adopted and EPA-approved Enforcement Response Plan, a federally mandated statement of policy which provides fair and even application of all enforcement remedies to users in violation, such document being available at all times for public inspection. In addition, the Joint Sewer Authority retains each and every right and power granted pursuant to the Pennsylvania Publicly Owned Treatment Works Penalty Law also known as "Act 9 of 1992," in addition to any amendments thereto and pursuant to the Civil Penalty Assessment Policy adopted by the Joint Sewer Authority.

SURCHARGE IN LIEU OF ENFORCEMENT REMEDY. With respect to conventional pollutants, the Joint Sewer Authority may, from time to time and at its discretion, adopt a policy whereby certain specifically identified conventional pollutants are permissibly discharged to the Joint Sewer Authority for removal at the POTW, with the cost of such removal to be borne by the discharger. The Joint Sewer Authority may expand or limit the list of conventional pollutants to which this surcharge system applies based upon the POTW's capacity/ability to effectively remove particular conventional pollutants. In the event that a conventional pollutant is within the scope of the surcharge system as it exists at the time of discharge, then such conventional pollutant discharge shall not be considered a violation of this Ordinance. However, any failure to pay the surcharge cost for the POTW's removal of the pollutant shall itself be considered a violation of this Ordinance and subject to enforcement action, in addition to all generally held rights of collection.