When the Borough finds that a user has violated, or continues to violate, any provision of this Part 3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Borough may serve upon that user a written notice of violation. Within 30 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 Borough. 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 Borough to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
The Lake City Borough Council 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 the time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 52-77 and 52-78 of this Part 3 and shall be judicially enforceable.
The Borough may order a user which has violated,
or continues to violate, any provision of this Part 3, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, to appear before the Lake City Borough Council,
or a committee thereof, 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 requesting 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 mail (return
receipt requested) at least 30 days prior to the hearing. Such notice
may be served on any authorized representative of the user. A show-cause
hearing shall not be bar against, or prerequisite for, taking any
other action against the user. Within five days of the hearing, a
user must submit a bond of $200 to defray the expenses of the hearing.
At any hearing, testimony must be taken under oath and recorded stenographically.
The transcript, so recorded, will be made available to any member
of the public or any party to the hearing upon payment of the usual
charges thereof.
When the Lake City Borough Council, or a committee
thereof, finds that a user has violated, or continues to violate,
any provisions of this Part 3, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
it may issue an order to the user responsible for the discharge directing
the user to come into compliance within a specified time. If the user
does not come into compliance within the time provided, the 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.
A.
When the Lake City Borough Council or committee thereof
finds that a user has violated, or continues to violate, any provision
of this Part 3, 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, it may issue an order to the
user directing them to cease and desist all such violations and directing
the user to:
B.
Issuance of a cease-and-desist order shall not be
a bar against, or prerequisite for, taking any other action against
the user.
A.
When the Lake City Borough Council, or a committee
thereof, finds that a user has violated, or continues to violate,
any provision of this Part 3, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
it may issue a motice of proposed assessment which sets forth a civil
penalty to be assessed, whether or not the violation was willful,
in an amount of not less than $300 and not more than $2,500 for each
violation. In determining the amount of the civil penalty, the Borough
shall consider the willfulness of the violation; damage to water,
land, other natural resources or their uses; cost of restoration or
abatement; savings resulting to the user in consequence of the violation;
deterrence of future violations; and other relevant factors.
B.
Interest shall accrue on unpaid charges, fines and
penalties in an amount of 1% per month. The amount of accrued interest
and unpaid charges, fines and penalties shall constitute a lien against
the user's property, which may be enforced as a municipal lien under
the laws of the Commonwealth of Pennsylvania.
C.
Users desiring to dispute any such notice of proposed
assessment, civil penalties or fines shall have a right to a hearing
and appeal. The hearing and appeal shall not be governed by the requirements
for formal adjudicatory hearings and may be held at any time at the
convenience to the parties.
D.
Insurance of an administrative fine shall not be a
bar against, or a prerequisite for, taking any other action against
the user.
A.
The Borough 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 Borough 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.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of user's failure to immediately comply voluntarily with the suspension order, the Borough 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 Borough may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Borough that the period of endangerment has passed, unless the termination proceedings in § 52-81 of this Part 3 are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the cause of the harmful contribution and the measures taken to prevent any future occurrence, to the Borough prior to the date of any show-cause or termination hearing under § 52-76 or 52-81 of this Part 3.
B.
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
A.
In addition to the provisions of § 52-54 of this Part 3, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents
and characteristics of its discharge;
(3)
Failure to report significant changes in operation
or wastewater volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring, or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 52-76 of this Part 3 why the proposed action should not be taken. Exercise of this option by the Borough shall not be a bar to, or prerequisite for, taking any other action against the user.
