(A) Emergency suspension. The Director may suspend the wastewater treatment service and/or any permit issued under this subchapter when a suspension is necessary, in the opinion of the Director, in order to stop an actual or threatened discharge that presents or may present an imminent or substantial danger to the health or welfare of persons or the environment, the POTW, or constitutes a violation of any condition of a NPDES or other permit, this subchapter, the Act or State Act. Any user notified of a suspension of wastewater treatment services or a permit shall immediately stop or eliminate its discharge into a township or YCUA sanitary sewer. If a user fails to immediately comply with a suspension order as required in this section, the YCUA shall take steps as deemed necessary, including immediate termination or severance of the user’s sewer connection to prevent or minimize damage to any person, the POTW or the environment. The YCUA shall allow the user to recommence its discharge upon receipt of proof of compliance with this subchapter and the elimination of the discharge and/or identified danger. A user whose wastewater treatment service or permit has been suspended under this subchapter shall submit, within 15 days of the suspension, a written statement to the Director describing the causes of the harmful discharge and the measures taken to prevent future harmful discharges in addition to other information required by this subchapter or otherwise required by the Act or State Act under such circumstances.
(B) Notice letter. The minimum enforcement response that the Director or his or her designee will use to notify a user that a violation of the local applicable sewer use article or YCUA industrial pretreatment program has occurred or is occurring.
(C) Notification of violation. Whenever the Director finds that any user has violated or is violating any provision of this subchapter or a wastewater discharge permit, an order issued under his or her this chapter, the Act or State Act, the Director may serve upon said user written notice of the violation. Within 30 days of receipt of the notice, the user shall submit to the Director or designee an explanation of the violation and a written plan for satisfactory correction. Submission of this plan does not relieve the user of liability for any violations occurring before or after receipt of the notice of violation or as otherwise provided in this subchapter, the Act or State Act.
(D) Show cause order. The Director may order any user violating this subchapter or the IPP a permit, an order issued under this subchapter, the Act, or State Act, to show cause why a proposed enforcement action should not be taken. The show cause notice shall require the user to appear before the Director for a show cause meeting within a reasonable time, not less than ten days after first-class mailing of the order to the user’s recorded or last known address. Enforcement action may be pursued whether or not a user appears at a show cause meeting and issuance of a show cause order does not relieve the user of liability for any violation occurring before or after receipt of the notice or as otherwise provided in this subchapter, the Act or State Act.
(E) Consent order. The Director is empowered to enter into consent orders, assurances of voluntary compliance and other similar documented agreements establishing an agreement with a user responsible for noncompliance with an order, permit, this subchapter, the Act or State Act. A document may include compliance schedules, stipulated fines or penalties, the amount of which shall not be limited by the civil fine assessment provision of this subchapter, remedial actions and signatures of the Director and user. Consent orders or similar documented agreements prepared and executed under this section shall have the same force and effect as other orders issued under this subchapter.
(F) Compliance order. When the Director finds that a user has violated or continues to violate this subchapter, a permit, an order issued under this subchapter, the Act or State Act, an order may be issued to the user 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 and compliance is otherwise achieved. An order may contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including, but not limited to, the installation of pre-treatment technology, additional self-monitoring and new management practices. Issuance of a compliance order does not relieve the user of liability for any violation occurring before or after receipt of the notice or as otherwise provided in this subchapter, the Act or State Act.
(G) Cease and desist order. When the Director finds that a user has violated or continues to violate this subchapter, a permit, an order issued under this subchapter, the Act or State Act, an order may be issued to the user responsible for the violation directing that the violations cease and desist immediately. In an emergency, the order to cease and desist may be given by telephone. In a non-emergency situation, the cease and desist order may be used to suspend or permanently revoke an industrial wastewater discharge permit or permits. A cease and desist order may require the user to take appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. Issuance of a cease and desist order does not relieve the user of liability for any violation occurring before or after receipt of the order or as otherwise provided in this subchapter.
(H) Termination of wastewater discharge permit.
(1) Any user who has a permit who violates the following conditions of a wastewater discharge permit or violates this subchapter, the Act or State Act or any applicable state or federal law or regulation is subject to permit termination:
(a) Failure to accurately report wastewater constituents and characteristics;
(b) Failure to report significant changes in operations or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the user’s premises or records for the purpose of inspection, monitoring or sampling or for any other purpose permitted under this subchapter, the Act or State Act;
(d) Failure to comply with an order issued under this subchapter; or
(e) For those reasons stated in § 54.032 or for any other reason permitting termination as provided in this subchapter, the Act or State Act.
(2) Users shall be notified of the proposed permit termination and shall be offered an opportunity to show cause under the provision of division (D) above, why the proposed action should not be taken.
(I) Administrative assessments. Notwithstanding any other section of this subchapter, any user who violates any provision of this subchapter, a permit, an order issued under this subchapter, the Act or State Act, shall be liable to the YCUA and/or township for any expense loss or damage occasioned by reason of the violation, including, but not limited to, reasonable attorney fees and may be subject to an administrative assessment by the YCUA in an amount of $1,000 per violation, per day. Each day on which noncompliance shall occur or is continued shall be deemed a separate and distinct violation. The expense, loss, damage or assessments may be added to a user’s sewer service charges and the YCUA and the township shall have other collection rights and remedies as designated by law, the Act, the State Act and this subchapter to collect these sewer service charges.
(J) Judicial remedies. A person who violates any provision of this subchapter, a permit, an order issued under this subchapter, the Act or State Act, is subject to the judicial remedies described below in addition to being responsible for a civil fine assessment or a misdemeanor or any administrative remedy or enforcement action provided for in this subchapter.
(1) Whenever a user has violated or continues to violate the provisions of this subchapter, a permit, an order issued under this subchapter, the Act or the State Act, the Director, through counsel, may petition the Circuit Court for issuance of a preliminary or permanent injunction or both to restrain or compel certain activities on the part of the user.
(2) Any user who has violated or continues to violate any order or permit issued hereunder may be liable to the YCUA in such judicial proceedings for a civil fine assessment of $1,000, plus actual damages, direct or indirect, incurred by the YCUA, per violation, per day, for as long as the violation continues. Additionally, the YCUA may recover reasonable attorney fees, court costs and other expenses associated with any enforcement activities, including sampling, monitoring and analysis expenses.
(3) The Director, through counsel, may petition the Circuit Court to impose, assess and recover the assessments and sums. In determining the amount of liability, the court shall take into account all relevant circumstances, including, but not limited to the extent of harm caused by the violation, the magnitude or duration of the violation, any economic benefit gained by the user through the violation, corrective actions by the user, the compliance history of the user and any other relevant factor.
(K) Liens. Any fine or other assessment issued or imposed under this subchapter or other costs or charges imposed under this subchapter may be added to the user’s sewer service charges and the YCUA shall have other collection rights and remedies as designated by law and this subchapter to collect the charges and all unpaid charges, fines, assessments, penalties and service charges shall constitute and may be recorded as a lien against the user’s property if not paid within the time frame allocated by YCUA or a court for payment.
(L) Appeals.
(1) Any person or user subject to enforcement action under the provisions of this subchapter, the Act or State Act, except for civil fine assessment notices, consent orders, emergency actions under this subchapter or judicial actions by YCUA, may request a hearing before the Director within ten days of receipt of notification of the proposed enforcement action. A hearing shall then be held by the Director concerning the violation, the reasons why the enforcement action has been taken, the proposed enforcement action, and the user’s explanation or other relevant evidence. An appeal may be taken from the Director’ s final decision.
(2) The following rules shall apply to the hearing and appeal.
(a) The Director may issue notices of a hearing requiring the attendance and testimony of witnesses or the production of evidence relative to the hearing.
(b) In the event a request for hearing is not filed within ten days of the user’s notice of an enforcement action, failure to file a request shall be deemed a waiver of any and all hearing or appeal rights established under this subchapter.
(c) A request for hearing shall state the basis for the request, the reasons in support of the request and any alternative relief which the aggrieved party seeks.
(d) During the pendency of any hearing process or appeal the user must comply with the enforcement action or YCUA order from which the appeal is taken.
(e) At the hearing, testimony must be taken under oath and recorded stenographically. A transcript of the hearing shall be made available to any member of the public or any party to the hearing upon payment of usual and reasonable charges.
(f) After the Director has held a hearing and reviewed the evidence, he or she may issue an order affirming, modifying or withdrawing the enforcement action.
(g) Within 15 days from receipt of the Director’ s final decision, the aggrieved party may appeal the decision to the Board stating the grounds on which the appeal is based together with all documents, evidence, transcripts and information in support of the aggrieved party’s position. In addition, the aggrieved party shall file five copies of the appeal and supporting documentation with the Board and serve an additional copy on the Director.
(h) The Director shall have 30 days to respond to the appeal and to submit all evidence, documents and information in support of the Director’s decision and shall file five copies with the Board and shall serve an additional copy on the aggrieved party.
(i) 1. Within 30 days of receiving the Director’s response the Board shall meet and review all documents and evidence pertaining to the appeal and shall issue an order affirming the Director’s order, affirming the Director’s order in part and reversing in part, or reversing the Director’s order in full.
2. The Board shall forward a copy of its decision to all interested parties.
(M) Industrial pretreatment program and enforcement response plan. This section, the Act and State Act shall also be enforced by the YCUA pursuant to a written industrial pretreatment program adopted by YCUA as required by the Act and State Act which plan shall include those plan elements required by the Act and State Act including, but not limited to, an enforcement response plan designed to achieve enforcement of that program. That enforcement response plan shall provide for, at minimum, those powers of enforcement granted by this subchapter, the Act and State Act.
(Prior Code, § X-3.55)