Whenever the Borough finds that any user has
violated or is violating any prohibition, limitation or requirement
contained in this chapter, the Borough shall serve upon such user
a written notice stating the nature of the violation. Within 30 days
of the date of the notice, a plan for the satisfactory correction
therefor shall be submitted to the Borough by the user; provided that
this provision shall not affect or limit the Borough's rights and
powers to immediately suspend service.
A.
The Borough may suspend services provided by the sewage
treatment plant when such suspension is necessary, in the opinion
of the Borough, in order to stop an actual or threatened discharge
which presents or may present an imminent or substantial endangerment
to the health or welfare of persons or to the environment, causes
interference to the sewer system, or causes the Borough to violate
any condition of its NPDES permit.
B.
Any user notified of a suspension of the services
provided by the sewage treatment plant shall immediately stop or eliminate
the discharge. In the event of a failure of the user to comply voluntarily
with the suspension order, the Borough shall take such steps, as it
may deem necessary, including, without limitation, immediate severance
of the sewer connection, to prevent or minimize damage to the sewer
system or endangerment to any individuals.
C.
The Borough shall reinstate the service provided by
the sewage treatment plant upon proof of the elimination of the noncomplying
discharge. A detailed written statement submitted by the IU describing
the cause of the noncomplying discharge and the measures taken to
prevent any future occurrence shall be submitted to the Borough within
15 days of the date of the occurrence.
Any user who is found to have failed to comply
with any provision of this chapter may be fined not less than $100
nor more than $1,000 for each offense. Each day during which a violation
shall occur or continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, the Borough may recover
reasonable attorneys' fees, court costs, court reporters' fees and
other expenses of litigation by appropriate suit at law against the
user who is found to have violated this chapter.
Any person who knowingly makes any false statement,
representation or certification in any application, record, report,
plan or other document produced, filed or required to be maintained
pursuant to this chapter, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this chapter, shall, upon conviction, be punished by a fine of not
more than $1,000 or by imprisonment for not more than six months,
or by both.
