14.05.070 Additional enforcement action.
(a) Administrative Orders.
(1) Administrative orders are enforcement documents issued in conjunction with a complaint which direct IUs to undertake or to cease specified activities. An administrative penalty may be assessed up to $1,000 for each violation of any provision of the pretreatment program stated in the administrative order or complaint, not to exceed $50,000. Penalty assessments will be made with consideration given to:
(i) The extent to which the existence of the violation was known to the violator, but uncorrected by the violator, and the extent to which the violator exercised reasonable care;
(ii) Any actual or potential harm to human health or to the environment, including injury to or impairment of the WSSC sewage collection and treatment systems or the natural resources of the state;
(iii) The degree of interference with or injury to the general welfare, health, or property rights of the public;
(iv) The extent to which the geographic location of the system creates the potential for harm to the environment or to human health or safety;
(v) The cost of cleanup and the cost of restoration of natural resources;
(vi) The available technology for controlling, reducing, or eliminating the conditions that caused the violation; and
(vii) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.
The WSSC has the authority to subpoena any person or evidence that is essential for proper consideration at an administrative hearing.
(2) Authority. Public Utilities Article, § 29-103, Annotated Code of Maryland.
(3) Applicability. An administrative order may be issued when:
(i) A violation is persistent and more severe enforcement needs to be taken; or
(ii) An IU is in SNC; and must be issued if:
(iii) An IU is in SNC for two consecutive evaluation periods for the same type of violation.
(4) Required Action. An administrative order will be drafted by the Unit Coordinator and forwarded to the Regulatory Services Group Leader for review. Once reviewed internally, a draft will be sent to the WSSC’s General Counsel’s Office for review. The MDE may request a joint review of an administrative order after they review the quarterly SNC list. If WSSC escalates enforcement action to an administrative order prior to submittal of the list, WSSC will notify the MDE in writing of the intent to issue an order. The MDE may request joint review and WSSC must forward the requested draft within 30 business days of the MDE’s request. If comments are not received from the MDE within 30 business days, the draft order may be forwarded to the industry. If the MDE does not request a joint review and the WSSC’s General Counsel’s Office has reviewed the order, then the draft order may be forwarded to the industry.
Any complaint or order issued by WSSC will be served upon the person to whom the complaint or order is directed. This is to be accomplished in the following manner:
(i) Personally;
(ii) By publication; or
(iii) By certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as listed in WSSC’s records.
A WSSC employee or an agent acting on behalf of the WSSC may serve any complaint or order.
(5) Response Time Frame. Response time frames may vary depending on the urgency of the situation; however, drafting an order should not exceed 30 days from determining that an order is warranted.
Once a determination is made to issue an administrative order, the WSSC may cite any and all unresolved violations in the content of the complaint and order. The person being served may request, in writing, a hearing; however, the request must be made within 10 days of service of the order. This right may be waived if the IU enters into an agreement or consent order.
(b) Civil Citation. A citation issued by the WSSC and enforced by a court of competent jurisdiction, commanding a person named to appear on a day to answer charges of a violation or pay a fine. Associated fines are $250.00, $500.00, $750.00, and $1,000. Each day a violation remains uncorrected is a separate infraction and subject to additional citations and fines.
(1) Authority. Public Utilities Article, § 29-101, Annotated Code of Maryland.
(2) Applicability. A civil citation may be issued for a violation of any provision of the WSSC Plumbing and Fuel Gas Code (WSSC Chapter 14.25), including but not limited to:
(i) A violation of the waste hauler discharge permit;
(ii) Three or more violations of the same parameter within a 12-month period, including self-monitoring effluent violations. If 12 months elapse without a violation and new violations occur, the citation amount will revert to the minimum level;
(iii) An IU violating any provision of the WSSC Plumbing and Fuel Gas Code where such a violation presents an imminent threat to the public health, welfare, or safety of WSSC’s workers; or
(iv) An IU in SNC during a six-month evaluation period.
(3) Required Action. A civil citation will be drafted by the individual responsible for identifying the violation, or their supervisor, and served upon the person to whom the citation is directed. This is to be accomplished in the following manner:
(i) Personally; or
(ii) By certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on WSSC’s records.
An authorized WSSC employee may serve a civil citation. If service is made by certified mail, the person who mails the document shall attach the proof of mailing (the green card) to the file.
(4) Response Time Frame. Response time frames may vary depending on the urgency of the violation; however, issuance of a citation should not exceed 30 days from the date of determining a violation exists.
(c) Civil Litigation. The process of filing a civil action against an IU in court. If the court rules that the defendant violated the law, the court may impose civil penalties, injunctions, or other equitable remedies and/or cost recovery.
(1) Authority. Public Utilities Article, § 17-201, Annotated Code of Maryland.
(2) Applicability. Civil litigation may be pursued when:
(i) All reasonable means have been exhausted to seek reimbursement for costs or potential costs incurred by WSSC; or
(ii) All reasonable means to compel compliance by the IU have been exhausted.
(3) Required Action. The Regulatory Services Group will refer the matter to WSSC’s General Counsel’s Office, which will take the appropriate action.
(4) Response Time Frame. Referral to WSSC’s General Counsel’s Office within 90 days of becoming aware of a violation meeting the applicability criteria listed above.
(d) Cost Recovery (Compliance Determination). The actual recovery of costs incurred by the WSSC for actions associated with noncompliance. These actions may be, but are not limited to, monitoring, sampling, enforcement actions, reviewing reports, and conducting research.
(1) Authority. WSSC Plumbing and Fuel Gas Code, Section 812.2.
(2) Applicability. Cost recovery may be pursued:
(i) To recover all costs associated with bringing a noncompliant IU or waste hauler/bus into compliance; and
(ii) To recover all costs associated with determining continued compliance status on a prescribed frequency.
(3) Required Action. As needed, a detailed breakdown of all costs accumulated will be requested from the Accounting Group. After reviewing and approving the charges and costs accumulated, the Unit Coordinator will request that the WSSC Accounting Group generate and issue an invoice for payment to the affected industry.
(4) Response Time Frame. A request will be made to the Accounting Group as needed.
(e) Cost Recovery (Damages). The actual recovery of costs incurred by WSSC for any work or repair made necessary by the neglect or action of a property owner, tenant, waste hauler, or IU resulting from the discharge of an industrial waste.
(1) Authority. WSSC Plumbing and Fuel Gas Code, Section 812.1.
(2) Applicability. Cost recovery may be pursued to recover costs associated with, but not limited to, damages to WSSC’s property and upsets at treatment works which collect flow from WSSC’s IUs.
(3) Required Action. The Regulatory Services Group will prepare a package containing necessary evidence and documentation identifying the contributing source(s) and forward it to WSSC’s General Counsel’s Office.
(4) Response Time Frame. Investigation into the source of damages will take place as soon as possible following notification that damages exist. Preliminary findings will be compiled within 90 days.
(f) Directive. A written document establishing a schedule containing a milestone date for increments of progress towards a final compliance date.
(1) Authority. WSSC Plumbing and Fuel Gas Code, Section 810.5.
(2) Applicability. A written directive may be issued when a compliance date is necessary to ensure that the IU implements corrective measures in a timely manner.
(3) Required Action. A written directive may be issued by an Industrial Investigator after review by the Industrial Investigations Supervisor and Unit Coordinator.
(4) Response Time Frame. A written directive may be issued within 30 days of determining that corrective measures are necessary.
(g) Increased Monitoring. The actual increase in monitoring conducted by WSSC or an IU prompted by noncompliance.
(1) Authority. WSSC Discharge Authorization Permit, Section I.B.2.(f); WSSC Plumbing and Fuel Gas Code Sections 806.2.4, 808.1.8, and 809.
(2) Applicability. Increased monitoring may be initiated when:
(i) An IU is in SNC necessitating an additional five days of self-monitoring by the IU; or
(ii) A pattern of noncompliance persists necessitating increased compliance monitoring by WSSC or self-monitoring by the IU.
(3) Required Action. Once it is determined that an IU is in SNC, the IU will be notified. Upon notification, the IU shall self-monitor an additional five days in the next reporting period.
The Industrial Investigator will make the determination that increased compliance monitoring is warranted. This determination will be made based on the IU’s compliance history and the nature of the violation.
(4) Response Time Frame. Notification to IUs in SNC will be made within two weeks of the determination that an IU is in SNC.
(h) Injunction. A court order directing a party to perform or refrain from performing a certain action.
(1) Authority. Public Utilities Article, §§ 29-103(h) and 29-104, Annotated Code of Maryland.
(2) Applicability. An injunction may be indicated when:
(i) All appropriate administrative remedies have been exercised and the violation continues;
(ii) Irreparable injury, loss, damage, or an immediate or threatened violation of WSSC regulations occurs; or
(iii) Any violation of the pretreatment program or an administrative order.
(3) Required Action. Referral to WSSC’s General Counsel’s Office by the Regulatory Services Group Leader accompanied by supporting documentation.
(4) Response Time Frame. Response time frames may vary depending on the urgency of the matter; however, referral should not exceed 90 days from the date of the occurrence that prompted the action.
(i) Notification to Appropriate Authorities. A notification including, but not limited to, the following authorities: Environmental Protection Agency, Regional Waste Management Division Director; MDE, Waste Management Administration; county health departments; fire departments; environmental crimes task forces; and organizational units within the WSSC.
(1) Applicability. The appropriate authorities may be notified when:
(i) An IU fails to report the disposal of a waste into the sewer system, which, if otherwise disposed of, would be classified as a hazardous waste under 40 CFR 261;
(ii) An IU is discharging wastes or wastewater directly to the waters of the state or to a stormwater conveyance system without possessing the appropriate permit or discharging in violation of existing regulations;
(iii) A spill occurs to the sanitary sewer that may create a hazardous condition or harm to human health or the environment; or
(iv) It appears to WSSC that there may be criminal conduct.
(2) Required Action. The level of Unit personnel that respond will depend on the agency and level of notification required. All verbal contact with an outside agency pertaining to a violation will be documented and filed in office files. Suspected criminal offenses may be referred to the Environmental Crimes Task Forces.
(3) Response Time Frame. The response time frame will depend on the urgency of the matter; however, notification should not exceed two weeks from the date WSSC becomes aware of the occurrence that prompted the notification.
(j) Public Notice. An annual notification in a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s) served by WSSC.
(1) Authority. WSSC Plumbing and Fuel Gas Code, Section 811; WSSC Discharge Authorization Permit, Section I.8.13.
(2) Applicability. This publication shall consist of the names of IUs which, at any time during the previous 12 months, were in SNC as defined in 40 CFR 403.8(f)(2)(vii).
(3) Required Action. SNC will be determined on a quarterly basis. Once the compliance status of WSSC’s SIUs has been determined for a calendar year, the Unit Coordinator will forward the written determination to the Regulatory Services Group Leader with a request for publication. Upon review completion, the Unit Coordinator will forward the request to WSSC’s Public Communications Office for publication. Publication must occur no later than May 1st and a certified copy provided to the MDE within 30 days of the publication.
(4) Response Time Frame. Publication of a list of industrial users in SNC is required annually. Within 30 days of making a determination, the Unit Coordinator will forward the list to WSSC’s Public Communications Office for publication in a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s) served by WSSC.
(k) Termination or Suspension of Permit. A revocation or suspension of a WSSC discharge authorization permit or waste hauler discharge permit.
(1) Authority. WSSC Plumbing and Fuel Gas Code, Sections 806.4 and 810; WSSC Discharge Authorization Permit, Section I.B.11.
(2) Applicability. Grounds for permit suspension or termination are:
(i) Violation of any terms or conditions of the permit;
(ii) Misrepresentation or failure to disclose fully all relevant facts during the permit application process or subsequent to permit issuance; or
(iii) Information indicating that a discharge poses a threat to the collection treatment system, the general public, WSSC personnel, or the receiving waters.
(3) Required Action. The IU will receive written notification by personal delivery or certified mail of the proposed permit termination or suspension. The written notification will indicate the reason(s) for termination, and advise the permittee of the opportunity to be heard on the proposed action.
(4) Response Time Frame. The Regulatory Services Group will send out notification within 30 days of determining that termination or suspension is warranted. If an imminent endangerment exists, notification will occur as soon as possible after the action is taken and may include a summary suspension of the permit pursuant to applicable state law.
(l) Termination of Service. The physical disconnection or plugging of a sewer line from the collection system. Termination of service may also include, or be replaced by, the termination of water service.
(1) Authority. Public Utilities Article, § 17-403(a)(2)(i), Annotated Code of Maryland; WSSC Plumbing and Fuel Gas Code, Section 810.2.
(2) Applicability. Termination of service is indicated when an IU discharges or threatens to discharge a waste which poses a threat to human health, the environment, or the POTW.
(3) Required Action. A verbal request will be made by the Chief Engineer, Engineering and Construction Team, to the Customer Care Support Services Group to terminate water or sewer service and followed-up with a written request. IUs will be given notice and an opportunity to respond prior to termination except in the case of immediate endangerment to the health or welfare of persons, in which case informal notice will be provided.
(4) Response Time Frame. If termination of service is necessary to halt or prevent the discharge of a waste capable of creating a dangerous situation, action should be taken immediately or as soon as practical. Otherwise, action should occur within 30 days of the violation. (Industrial discharge control program enforcement response plan § II(B), dated April 22, 2013)