[Ord. 422, 10/12/1994]
When the MTMA finds that an industrial user has violated or
continues to violate any provision of this Part and/or any pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, the MTMA may serve upon
that industrial 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 industrial
user to the MTMA. Submission of this plan in no way relieves the industrial
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 MTMA to take any action, including emergency action
or any other enforcement action, without first issuing a notice of
violation.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
The MTMA may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any industrial user responsible for noncompliance. Such documents will include specific action to be taken by the industrial 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 §§ 18-374 and 18-375 of this Part and shall be judicially enforceable.
[Ord. 422, 10/12/1994]
The MTMA may order an industrial user which has violated or
continues to violate any provision of this Part and/or pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, to appear before the MTMA
and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the industrial user specifying the time
and place for the meeting, the proposed enforcement action, the reasons
for such action and a request that the industrial user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days prior to the hearing.
Such notice may be served on any authorized representative of the
industrial user. A show cause hearing shall not be a bar against,
or prerequisite for, taking any other action against the industrial
user.
[Ord. 422, 10/12/1994]
When the MTMA finds that an industrial user has violated or
continues to violate any provision of this Part and/or pretreatment
standard and/or requirement, including the provisions of a wastewater
discharge permit or order issued hereunder, the MTMA may issue an
order to the industrial user responsible for the discharge directing
that the industrial user come into compliance within a specified time.
If the industrial 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 industrial 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 industrial user.
[Ord. 422, 10/12/1994]
1.
When the MTMA finds that an industrial user has violated or continues
to violate any provision of this Part and/or pretreatment standard
and/or requirement, including the provisions of a wastewater discharge
permit or order issued hereunder, or that the industrial user's
past violations are likely to recur, the MTMA may issue an order to
the industrial user directing it to cease and desist all such violations
and directing the industrial user to:
2.
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the industrial
user.
[Ord. 422, 10/12/1994]
1.
In addition to proceeding under any other remedy available at law
or equity for violation of this Part and/or pretreatment standards
and/or requirements, the MTMA may assess a civil penalty upon an industrial
user for a violation of any provision of this Part and/or pretreatment
standards and/or requirements, including the provisions of an industrial
user's discharge permit. The penalty may be assessed whether
or not the violation was willful or negligent. The civil penalty shall
not exceed $25,000 per day for each violation. Each violation for
each separate day shall constitute a separate and distinct defense
under this section (35 P.S. § 752.4).
2.
In assessing a civil penalty upon an industrial user, the MTMA shall
serve a notice of assessment, either personally or by registered or
certified mail, within 30 days of the violation. The notice of assessment
shall indicate which provision(s) of this Part and/or pretreatment
standards and/or requirements, including provisions of a discharge
permit or order, were violated, a description of the violation, the
date(s) of the violation(s) and the amount of the civil penalty assessed.
All civil penalties shall be calculated in accordance with the MTMA
written civil penalty assessment policy. The notice of assessment
shall also include a description of the applicable appeals process
to be followed, including the name, address and telephone number of
the person responsible for accepting such appeal, pursuant to 35 P.S.
§ 752.4.
3.
The MTMA may recover, as part of its civil penalty assessment, reasonable
attorneys' fees, court costs and other expenses associated with
enforcement activities, including sampling and monitoring expenses
and the cost of any actual damages sustained by the MTMA.
4.
Unless an appeal is filed to a civil penalty assessment, the assessment
must be paid in full to the MTMA within 30 days of the MTMA's
issuance of the notice of assessment.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1.
Any industrial user which has been assessed a civil penalty by the
MTMA for violation of this Part and/or pretreatment standards and/or
requirements may appeal the assessment and receive a hearing before
the MTMA Board of Directors, at which hearing the appealing party
shall have an opportunity to present evidence before the MTMA Board
of Directors on its behalf. A notice of appeal requesting a hearing
date must be submitted to the MTMA within 30 days of the issuance
of the notice of assessment by the MTMA.
2.
Failure to submit a timely notice of appeal shall be deemed to be
a waiver of the administrative appeal.
3.
Notice of appeal must contain a description of the appellant's
defenses to the assessment and must describe, generally, the evidence
which it intends to present at the hearing. The notice of appeal must
also indicate that the appellant requests that a hearing date be set.
4.
A hearing date will subsequently be set by the MTMA, and the appealing
party shall be provided with adequate notice of the hearing date.
5.
All testimony at such hearings shall be stenographically recorded
at the expense of the appealing party, and a full and complete record
shall be kept of the proceedings.
6.
Within 60 days following the hearing date, the MTMA Board of Directors
shall issue its final adjudication of the matter. Such adjudication
shall be in writing, shall contain findings and the reasons for the
adjudication and shall be served upon all parties or their counsel
personally or by mail pursuant to 2 Pa.C.S.A. § 555.
7.
Aggrieved parties seeking judicial review of the final administrative
adjudication of the MTMA Board of Directors must do so by filing a
petition for review in the Court of Common Pleas of Allegheny County,
Pennsylvania, within 30 days of the issuance of the final adjudication
of the MTMA Board of Directors pursuant to 2 Pa.C.S.A. § 752,
42 Pa.C.S.A. § 933 and Pa.R.A.P. 1512(a)(1).
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
In addition to proceeding under any other remedy available at
law or equity for violation of this Part and/or pretreatment standards
and/or requirements, if the violation also constitutes a violation
of the Clean Streams Law, 35 P.S. § 691.1 et seq., of the
Commonwealth of Pennsylvania, the MTMA Manager may request the District
Attorney of Allegheny County to file appropriate criminal charges
under said law against the user.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1.
The MTMA may immediately suspend an industrial user's discharge,
after formal notice to the industrial 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 MTMA may also immediately
suspend an industrial 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.
2.
Any industrial user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of an industrial user's failure to immediately comply voluntarily with the suspension order, the MTMA 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 MTMA may allow the industrial user to recommence its discharge when the user has demonstrated to the satisfaction of the MTMA that the period of endangerment has passed, unless the termination proceedings in § 18-380 of this Part are initiated against the industrial user.
3.
An industrial user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the MTMA prior to the date of any show cause or termination hearing under §§ 18-373 or 18-380 of this Part.
4.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
1.
In addition to the provisions in § 18-334 of this Part, any industrial user which violates the following conditions is subject to discharge termination:
A.
Violation of wastewater discharge permit conditions.
B.
Failure to accurately report the wastewater constituents and characteristics
of its discharge.
C.
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge.
D.
Refusal of reasonable access to the industrial user's premises
for the purpose of inspection, monitoring or sampling.
E.
Violation of applicable pretreatment standards and/or requirements
as set forth in this Part.
2.
Such industrial user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause as set forth in § 18-373 of this Part why the proposed action should not be taken. Exercise of this option by the MTMA shall not be a bar to, or a prerequisite for, taking any other action against the industrial user.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
When the MTMA finds that an industrial user has violated or
continues to violate any provision of this Part and/or pretreatment
standards and/or requirements, the MTMA may petition the Court of
Common Pleas of Allegheny County, Pennsylvania, through the Authority's
solicitor, for the issuance of a temporary or permanent injunction,
or, both, as appropriate, which restrains or compels the adherence
to the provisions of this Part and/or pretreatment standards and/or
requirements. In addition to an injunction, the MTMA may request and
the Court may grant in such proceedings the levying of civil penalties
in accordance with 35 P.S. § 752.4. Such other action as
appropriate for legal and/or equitable relief may also be sought by
the MTMA. A petition or complaint for injunctive relief need not be
filed as a prerequisite to taking any other action against an industrial
user.
[Ord. 422, 10/12/1994]
The remedies set forth in this Part are not exclusive. The MTMA
may take any, all or any combination of these actions against a noncompliant
industrial user. Enforcement of pretreatment and/or requirement violations
will generally be in accordance with the MTMA's enforcement response
plan. However, the MTMA may take other action against any industrial
user when the circumstances warrant. Further, the MTMA is empowered
to take more than one enforcement action against any noncompliant
industrial user.
