Whenever a user has violated a pretreatment
standard or requirement or continues to violate the provisions of
this Part 2, wastewater discharge permits or orders issued hereunder,
or any other pretreatment requirement, the Commissioners may petition
the Court of Chancery of the State of Delaware, in and of Sussex County,
through the town's Attorney for the issuance of a temporary or permanent
injunction as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order or other requirement
imposed by this Part 2 on activities of the industrial user. Such
other action as appropriate for legal and/or equitable relief may
also be sought by the town. A petition for injunctive relief need
not be filed as a prerequisite to taking any other action against
a user.
The provisions in §
190-62 and Articles
X through
XII are not exclusive remedies. The town reserves the right to take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the town's enforcement response plan. However, the town reserves the right to take other action against any user when the circumstances warrant. Further, the town is empowered to take more than one (1) enforcement action against any noncompliant user. These actions may be taken concurrently.