§ 192-52.   Surcharge in lieu of enforcement remedy.
With respect to conventional pollutants, the operator may, from time to time and at its discretion, adopt a policy whereby certain specifically identified conventional pollutants are permissibly discharged to a POTW for removal at the plant, with the cost of such removal to be borne by the discharger. The operator may expand or limit the list of conventional pollutants to which this surcharge system applies based upon the plant’s capacity/ability to effectively remove particular conventional pollutants. In the event that a conventional pollutant is within the scope of the surcharge system as it exists at the time of discharge, then such conventional pollutant discharge shall not be considered a violation of these regulations. However, any failure to pay the surcharge cost for the plant’s removal of the pollutant shall itself be considered a violation of these regulations and subject to enforcement action, in addition to all generally held rights of collection.