[Ord. No. 97-177, 12/22/1997]
1. All violations of pretreatment standards and requirements are instances
of noncompliance and will receive a specific enforcement response
in accordance with THTMA Control Authority Enforcement Response Plan.
Pretreatment standards and requirements are a matter of strict liability.
Hence, good faith or lack of negligence on 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 New Stanton Borough or THTMA.
2. When making determinations regarding the level of enforcement, New
Stanton Borough or THTMA shall take into consideration the following:
A. Damage to air, water, land or other natural resources and their uses;
B. Costs of restoration and abatement;
C. Savings to the user as a result of the violation;
D. History of past violations by the user;
E. Deterrence of future violations; and
F. Other relevant factors as determined by the Control Authority.
[Ord. No. 97-177, 12/22/1997]
1. Emergency Authority.
A. New Stanton Borough 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 imminent 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 individuals
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.
2. Enforcement Procedures. For violations not requiring New Stanton
Borough or THTMA to invoke its emergency authority, the following
procedures shall apply:
A. Notice of Violation. Whenever New Stanton Borough or THTMA finds
that a user has violated or is violating this Part, pretreatment permit,
or any prohibition, limitation, or requirements contained herein,
New Stanton Borough 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, 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 of the date of the notice of
violation, a plan for the satisfactory correction thereof shall be
submitted to New Stanton Borough and THTMA by the user.
B. Compliance Schedule. When New Stanton Borough or THTMA finds that
a user is in violation of this Part, pretreatment permit, or requirements
contained herein, New Stanton Borough 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.).
(2)
No increment referred to in Subsection
2B(1) shall exceed nine months.
(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 New Stanton Borough and THTMA, including, at
a minimum, whether or not it complied with the increment of progress
to be met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for delay, and
construction to the schedule established. In no event shall more than
nine months elapse between such progress reports to New Stanton Borough
and to THTMA.
C. Consent Order. New Stanton Borough 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 section.
D. Compliance Order. When New Stanton Borough or the Manager of THTMA
finds that a user has violated or continues to violate this Part,
pretreatment permit, or order issued thereunder, New Stanton Borough
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)
New Stanton Borough 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 Part 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 a default adjudication upon expiration of said 15
days.
(3)
The Hempfield Township Municipal Authority 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;
(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 Part, testimony taken must
be 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.
(5)
After the Borough Council and THTMA have reviewed the evidence,
they 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 or 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 New Stanton Borough or THTMA finds
that a user has violated or is violating this Part, pretreatment permit,
or any prohibition, limitation or requirements contained herein, New
Stanton Borough or THTMA shall issue an order to cease and desist
all such violations and direct those persons in noncompliance to:
(2)
Take such appropriate remedial or preventative 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, such notice shall
include the name, address, and telephone number of the Control Authority
manager or other person responsible for accepting appeals.
[Ord. No. 97-177, 12/22/1997]
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 Part,
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 environment, 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 New Stanton
Borough, or its other enforcement procedures would not be adequate
to effect prompt correction of the condition or violations, THTMA
or New Stanton Borough 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.
[Ord. No. 97-177, 12/22/1997]
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 Part
or pretreatment permit, or who falsified, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this Part, will be prosecuted to the extent permitted by law under
the Crimes Code, 18 Pa.C.S.A § 101 et. seq.
[Ord. No. 97-177, 12/22/1997]
1. Any user who violates the following conditions of this Part or applicable
state and federal regulations is subject to having its pretreatment
permit revoked.
A. Failure of a user to factually report the wastewater constituents
and characteristics of its discharge;
B. Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
C. Refusal of reasonable access to the user's premises for the
purpose of inspection and/or monitoring; or
D. Violation of conditions of the pretreatment permit.
2. 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 Part.
[Ord. No. 97-177, 12/22/1997]
The user shall have such right of appeal to the Court of Common
Pleas having jurisdiction as is provided for under Section 7(b) of
the Publicly Owned Treatment Works Penalty Law, the Local Agency Law, 2 Pa.C.S.A § 101 et. seq., or Judicial Code, 42 Pa.C.S.A. § 762.