A. Notification of violation. When the Township or the operator find that a user has violated, or continues to violate, any provision of these regulations, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Township or the operator may serve upon that user a written notice of violation. When the notice of violation includes a plan for satisfactory correction and prevention of the violation, submission of such plan in no way relieves the 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 Township or the operator to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation.
B. Consent orders. An operator may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same effect as the administrative orders authorized elsewhere in these regulations and shall be judicially enforceable.
C. Compliance order. When the Township or the operator finds that a user has violated, or continues to violate, any provision of these regulations, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Township or the operator may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the 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 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 user.
D. Cease and desist orders.
(1) When the Township or the operator find that a user has violated, or continues to violate, any provision of these regulations, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Township or the operator may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements.
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(2) Issuance of a cease and desist order shall not be a bar against or a prerequisite for taking any other action against the user.
E. Administrative fines.
(1) When the Township or the operator find that a user has violated, or continues to violate, any provision of these regulations, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Township or the operator may fine such user in an amount permitted by law. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Unpaid charges, fines and penalties shall be assessed a penalty as specified by the operator, and interest shall accrue thereafter at a rate determined by the operator. A lien against the user’s property may be sought for unpaid charges, fines and penalties.
(3) Users desiring to dispute such fines must file a written request for the Township or operator to reconsider the fine along with full payment of the fine amount within 20 days of being notified of the fine. Where a request has merit, the Township or the operator may convene a hearing on the matter. In the event that the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The costs of preparing administrative enforcement actions, such as notices and orders, may be added to the fine.
(4) Issuance of an administrative fine shall not be a bar against or a prerequisite for taking any other action against the user.
F. Emergency suspensions.
(1) The operator may immediately suspend a user’s discharge, after informal notice to the 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 operator may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of a POTW, or which presents, or may present, an endangerment to the environment.
(2) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the operator may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to a POTW or its receiving stream or endangerment to any individuals. The operator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the operator that the period of endangerment has passed, unless the termination proceedings in these regulations are initiated against the user.
(3) A 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 operator prior to the date of any show cause or termination hearing described elsewhere in these regulations.
(4) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
G. Termination of discharge.
(1) In addition to the provisions in these regulations, any user who 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 user’s premises for the purpose of inspection, monitoring or sampling.
(e) Violation of the pretreatment standards in these regulations.
(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause why the proposed action should not be taken. Exercise of this option by the operator shall not be a bar to or a prerequisite for taking any other action against the user.