A.
All violations of pretreatment standards and requirements are instances
of noncompliance and will receive a specific enforcement response
in accordance with the THTMA control authority Enforcement Response
Plan. Pretreatment standards and requirements are a matter of strict
liability. Hence, good faith or lack of negligence of the user's
part is no defense to a violation of pretreatment standards and/or
requirements. The enforcement responses shall range from notices of
violation to formal civil litigation and/or termination of service,
depending upon the severity of the violation. While similar violations
will receive similar enforcement responses, some inherent discretion
exists within each enforcement response selection. For example, some
violations will trigger either an administrative action, formal civil
litigation, or permit revocation. Selection of the specific enforcement
response option shall be at the sole discretion of Hempfield Township
or THTMA.
B.
When making determinations regarding the level of enforcement, Hempfield
Township or THTMA shall take into consideration the following:
(1)
Damage to air, water, land, or other natural resources and their
uses;
(2)
Costs of restoration and abatement;
(3)
Savings to the user as a result of the violation;
(4)
History of past violations by the user;
(5)
Deterrence of future violations; and
(6)
Other relevant factors as determined by the control authority.
A.
Hempfield Township or THTMA may suspend the wastewater treatment
service and/or a pretreatment permit when such suspension is necessary,
in the opinion of THTMA, in order to stop an actual or threatened
discharge which presents or may present an immediate or substantial
endangerment to the health or welfare of persons, to the environment,
causes pass-through or interference to the POTW or causes THTMA to
violate any condition of its NPDES permit or any other federal or
state permit or regulation.
B.
Any person notified of a suspension of the wastewater treatment service
and/or pretreatment permit shall immediately stop or eliminate the
discharge. In the event of a failure of the person to comply voluntarily
with the suspension order, THTMA shall take such steps as deemed necessary
including immediate severance of the sewer connection, to prevent
or minimize damage to the POTW system or endangerment to any individual
or the environment. THTMA shall reinstate the pretreatment permit
and/or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge. A detailed written statement submitted
by the user describing the causes of the harmful contribution and
the measures taken to prevent any future occurrence shall be submitted
to THTMA within five days of the date of occurrence.
For violations not requiring Hempfield Township or THTMA to
invoke its emergency authority, the following procedures apply:
A.
Notice of violation. Wherever Hempfield Township or THTMA finds that
a user has violated or is violating this chapter, pretreatment permit,
or any prohibition, limitation, or requirements contained herein,
Hempfield Township or THTMA shall serve upon such person a written
notice stating the nature of the violation(s), which may include the
assessment of a civil penalty, and require a written response from
the user. As required by the publicly owned treatment works Penalty
Law,[1] such notice shall include the name, address, and telephone
number of the control authority manager or other person responsible
for accepting appeals. Within 30 days from the date of the notice
of violation, a plan for the satisfactory correction thereof shall
be submitted to Hempfield Township and THTMA by the user.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
B.
Compliance schedule. When Hempfield Township or THTMA finds that
a user is in violation of this chapter, pretreatment permit, or requirement
contained herein, Hempfield Township or THTMA may require the user
to submit or may itself issue a schedule of compliance for the necessary
correction.
(1)
The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the pretreatment permit requirements (e.g., hiring
an engineer, completing preliminary plans, completing final plans,
executing contract for major components, commencing construction,
completing construction, etc.).
(3)
Not later than 14 days following each date in the compliance schedule
and the final date for compliance, the user shall submit a progress
report of Hempfield Township and THTMA including, as a minimum, whether
or not it complied with the increment of progress to be met on such
date, if not, the date on which it expects to comply with this increment
of progress, the reason for delay and the steps being taken by the
industrial user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to Hempfield Township and to THTMA.
C.
Consent order. Hempfield Township or the Manager of THTMA 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 consent orders shall include
a specific action to be taken by the user to correct the noncompliance
within a time period also specified in the consent order. Consent
orders shall have the same force and effect as administrative orders
issued pursuant to this article.
D.
Compliance order. When Hempfield Township or the Manager of THTMA
finds that a user has violated or continues to violate this chapter,
pretreatment permit, or order issued thereunder, Hempfield Township
or the Manager of THTMA may issue an order to the user responsible
for the discharge directing that, following a specified time period,
sewer service shall be discontinued unless adequate treatment facilities,
devices, or other related appurtenances have been installed and are
properly operated. Orders may also contain such other requirements
as might be reasonably necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional
self-monitoring, and management practices.
E.
Show-cause order.
(1)
Hempfield Township or THTMA may order any user who causes or allows
a discharge of sewage, industrial waste, or other waste into the POTW
in violation of the provisions, requirements, or pretreatment standards
of this chapter or the rules and regulations of the Department of
Environmental Protection or the Environmental Protection Agency to
show cause before THTMA why the proposed assessment of penalty and/or
enforcement action should not be taken. A notice shall be served upon
the user specifying the time and place of a hearing to be held by
THTMA regarding the alleged violation, setting forth the specific
facts and circumstances upon which the proposed enforcement action
is to be taken, and directing the user to show cause before THTMA
as to why the proposed assessment of penalty and or enforcement actions
should not be taken.
(2)
The notice of the hearing shall be served personally or by registered
or certified mail (return receipt requested) upon the user, not less
than 20 days prior to the hearing. Such notice shall contain the name,
address, and telephone number of the control authority Manager or
other person responsible for accepting appeals. Within 15 days from
the date of service of the notice, the user shall file with the Manager
of THTMA a verified answer responding to the allegations in the notice.
Allegations in the notice which are not specifically denied shall
be deemed to have been admitted. Failure to file an answer or to specifically
deny the allegations of the notice shall constitute a sufficient basis
for the entry of default adjudication upon expiration of said 15 days.
(3)
THTMA may itself conduct the hearing and take the evidence, or may
designate any of its members or any officer or the manager to:
(a)
Issue in the name of THTMA notices of hearings requesting the
attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(b)
Take the evidence;
(c)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to THTMA for action
thereon.
(4)
At any hearing held pursuant to this chapter, testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public of any party to
the hearing upon payment of the usual charges thereof.
(5)
After the Board of Supervisors and THTMA has reviewed the evidence,
it may issue an order to the user responsible for the discharge directing
that, following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued including
but not limited to injunctive relief and civil penalties.
F.
Cease and desist order. Whenever Hempfield Township or THTMA finds
that a user has violated or is violating this chapter, pretreatment
permit, or any prohibition, limitation, or requirements contained
herein, Hempfield Township or THTMA shall issue an order to cease
and desist all such violations and direct those persons in noncompliance
to:
(1)
Comply forthwith;
(2)
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and terminating the discharge. As required by the
publicly owned treatment works Penalty Law,[2] such notice shall include the name, address, and telephone
number of the control authority manager or other period responsible
for accepting appeals.
[2]
Editor's Note: See 35 P.S. § 752.1 et seq.
If any person discharges sewage, industrial waste, or other
wastes into the wastewater disposal system of THTMA in violation of
the provisions, requirements, or pretreatment standards of this chapter,
the rules and regulations of the Pennsylvania Department of Environmental
Protection or the Environmental Protection Agency, which presents
an imminent danger or substantial harm to the POTW or the public,
an imminent or substantial endangerment to the environmental, causes
the POTW to violate any condition of its NPDES permit, or has shown
a lack of ability or intention to comply with said pretreatment provisions,
requirements, or standards, any other order of THTMA or Hempfield
Township, or its other enforcement procedures would not be adequate
to effect prompt correction of the condition or violations, THTMA
or Hempfield Township may institute an action to obtain injunctive
relief in the Court of Common Pleas of Westmoreland County, where
the activity has taken place, where the condition exists, or where
the public is affected.
Any person who knowingly makes any false statements, representations,
or certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this chapter
or pretreatment permit, or who falsified, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this chapter, will be prosecuted to the extent permitted by law under
the Crimes Code, 18 Pa. C.S.A. § 101 et seq.
A.
Any user who violated the following conditions of this chapter or
applicable state and federal regulations is subject to having its
pretreatment permit revoked.
(1)
Failure of a user to factually report the wastewater constituents
and characteristics of its discharge;
(2)
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises for the
purpose of inspection and/or monitoring; or
(4)
Violation of conditions of the pretreatment permit.
B.
If the pretreatment permit is revoked, the control authority may
take steps it deems advisable, including severance of the sewer connection,
to promote compliance with this chapter.
The user shall have such right of appeal of the Court of Common
Pleas having jurisdiction as is provided for under Section 7(b) of
the publicly owned treatment works Penalty Law,[1] the Local Agency Law, 2 Pa. C.S.A. § 101 et
seq., or Judicial Code, 42 Pa. C.S.A. § 762.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
