A.
All violations of pretreatment standards and requirements and the requirements found in §§ 96-46, 96-49, 96-52, 96-53, 96-54 and 96-55 hereof are instances of noncompliance and will receive a specific enforcement response in accordance with the THTMA Control Authority Enforcement Response Plan and applicable law. 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 from THTMA regardless of the municipality wherein they occur, 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 Unity Township (or its designee) or THTMA.
B.
When making determinations regarding the level of enforcement, Unity
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.
(6)
Other relevant factors as determined by the control authority.
A.
Unity 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 imminent or substantial endangerment
to the health or welfare of persons or 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.
For violations not requiring Unity Township or THTMA to invoke
its emergency authority, the following procedures shall apply:
A.
Notice of violation. Whenever Unity Township or THTMA finds that
a user has violated or is violating this Part 3, pretreatment permit
or any prohibition, limitation or requirements contained herein, Unity
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 of the date of the notice of
violation, a plan for the satisfactory correction thereof shall be
submitted to Unity Township and THTMA by the user.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
B.
Compliance schedule. When Unity Township or THTMA finds that a user
is in violation of this Part 3, pretreatment permit or requirements
contained herein, Unity 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 Unity Township and THTMA, including, as 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, construction to the schedule
established. In no event shall more than nine months elapse between
such progress reports to Unity Township and to THTMA.
C.
Consent order. Unity 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 section.
D.
Compliance order. When Unity Township or the Manager of THTMA finds
that a user has violated or continues to violate this Part 3, pretreatment
permit or order issued thereunder, Unity 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)
Unity 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 Part 3 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)
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 Part 3, 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 Unity Township or THTMA finds that
a user has violated or is violating this Part 3, pretreatment permit
or any prohibition, limitation or requirements contained herein, Unity
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 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,[2] such notice shall include the name, address and telephone number of the control authority manager or other person responsible for accepting appeals. Noncompliance with a cease and desist order shall be cause for THTMA or Unity Township to act pursuant to §§ 96-72, 96-74 or Article X hereof.
[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 Part 3, 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 Unity Township or its other
enforcement procedures would not be adequate to effect prompt correction
of the condition or violations, THTMA or Unity 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 Part 3 or pretreatment permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 3 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 violates the following conditions of this Part 3 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 Part 3.
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 the Judicial Code, 42 Pa.
C.S.A. § 762.
