When the Borough finds that a discharge of wastewater
has taken place in violation of prohibitions or limitations of this
chapter the Borough may issue an order to cease and desist, and may
direct those persons not complying with such prohibitions, limits,
requirements, or provisions to:
When the Borough finds that a discharge of wastewater
has been taking place in violation of prohibitions or limitations
prescribed in this chapter or wastewater source control requirements,
effluent limitations or pretreatment standards, the Borough may require
the user to submit for approval, with such modification as it deems
necessary, a detailed time schedule of specific actions which the
user shall take in order to prevent or correct a violation of requirements.
A.
Any user affected by any decision, action or determination,
including cease-and-desist orders, made by the Borough, interpreting
or implementing the provisions of this chapter or in any permit issued
herein, may file with the Borough Council a written request for reconsideration
within 10 days of such decision, action or determination, setting
forth in detail the facts supporting the user's request for reconsideration.
B.
Discharges of wastewater in any manner in violation
of this chapter or any order issued by the SCMUA is hereby declared
a public nuisance and shall be corrected or abated as directed by
the Borough.
Whenever a discharge of wastewater is in violation
of the provisions of this chapter or otherwise causes or threatens
to cause a condition of contamination, pollution or nuisance, the
Borough may discontinue service and may petition the Superior Court
for the issuance of a preliminary or permanent injunction, or both,
as may be appropriate in restraining the continuance of such discharge.
Any person who violates any provision of this chapter or discharges wastewater which causes pollution, or who violates any cease-and-desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be punished as provided in Chapter 1, General Provisions, Article III. The Attorney of the Borough, upon order of the Borough, shall petition of the Superior Court to impose, assess, and recover such sums.
Any person violating any of the provisions of
this chapter shall become liable to the Borough for any expense, loss,
legal or other costs, or damage occasioned the Borough by reason of
such violation, and may further result in the Borough requiring discontinuance
of waste discharge into the local collection sewerage system in addition
to the penalties as authorized in the preceding section.
In the case of a discharge of wastes which violates § 164-10 of this chapter, all fines shall be the maximum allowed by this chapter, and compliance with the discharge requirements of this chapter shall be achieved immediately.
