[Ord. 15-2003, 12/12/2003]
The Authority's Enforcement Response Plan Guidelines have
been separated into six categories of pretreatment violations as listed
below:
[Ord. 15-2003, 12/12/2003]
1.
As described within the Authority's Enforcement Response Plan
(ERP), the Authority may seek civil penalties and/or injunctive relief
against industrial/commercial users who fail to comply with the requirements
of this chapter, Authority's Rules and Regulations or their Wastewater
Contribution Permit.
2.
Civil penalties vary from $500 up to $25,000 per day per violation
depending on the severity of the violation and other factors. In civil
penalty assessment, the Authority will consider all of the following
factors:
A.
Damage to the Authority's treatment plant or collection system,
the environment, or collection system personnel, resulting from the
violation;
B.
The industrial/commercial user's history of past violations;
C.
The level of cooperation obtained from the industrial/commercial
user;
D.
The economic benefit gained by the industrial/commercial users as
a result of noncompliance;
E.
Other relevant factors;
3.
The general civil assessment policy of the Authority is given in
the Authority's Enforcement Response Plan. All fines listed were
developed in accordance with the Publicly Owned Treatment Works Penalty
Law (Pennsylvania Act 9), and will be assessed on a per day, per violation
basis. The fines shown are maximum penalties, which the Authority
has the right to reduce or waive in certain circumstances.
[Ord. 15-2003, 12/12/2003]
Where necessary, the Authority shall also have the power to
obtain injunctive relief against any users who are in violation of
a Pretreatment Standard or Requirement. Injunctive relief will be
granted pursuant to Pennsylvania Law, if any of the following conditions
can be determined to be true:
A.
A discharge from a user presents an imminent or substantial danger
to the environment;
B.
A discharge from a user causes the Authority to violate any condition
of its NPDES permit, biosolids application standards, or other state
or federal requirement;
C.
A discharge from a user presents an imminent or substantial danger
to the Authority's treatment plant or collection system, Authority
personnel, or the general public;
D.
The user has shown a lack of ability or intention to comply with
a Pretreatment standard or a Pretreatment Requirement;
[Ord. 15-2003, 12/12/2003]
The user charged with any penalty previously described shall
have 30 days to pay the proposed penalty in full, or, if the user
wishes to contest either the amount of the penalty or the fact of
the violation, the user must file and appeal of the action pursuant
to the municipal law or home rule charter, or in absence of these,
within 30 days pursuant to 2 PA.C.S.
[Ord. 15-2003, 12/12/2003]
All submitted user Reports, Applications or other information
shall be signed by an Authorized Representative of the user and shall
contain the certification in accordance with 40 CFR 403.12(1).
