A. 
The Town (control authority) may suspend wastewater treatment service, when necessary in the opinion of the approval authority, to stop an actual threatened discharge which presents or may present an imminent and substantial endangerment to the health or welfare of persons or the environment or cause interference to the POTW.
B. 
A person notified of the suspension of wastewater treatment service shall immediately stop or eliminate the contribution of wastewater. If such person fails to comply with the suspension notification, the Town (control authority) shall take necessary steps, including immediate severance of the sewer connection pursuant to N.J.S.A. 58:11-56, to prevent or minimize damage to treatment works or endangerment to individuals or the environment. The Town (control authority) may reinstate wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement of contribution and the measures taken to prevent any future occurrence shall be submitted to the Town (control authority) within 15 calendar days of the date of occurrence.
In addition to termination under § 492-31, any discharger violating the following conditions or applicable state statutes or regulations may have service terminated in accordance with N.J.S.A. 58:11-56.
A. 
Failure of an industrial user to accurately report the wastewater constituents and characteristics of his discharge.
B. 
Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics.
C. 
Refusal of reasonable access to the discharger's premises for the purpose of inspection or monitoring.
D. 
A significant violation of this chapter.
A. 
Penalties. A person violating any provision of Articles I through V and Article VII of this chapter, including pretreatment standards, any provision of the Pretreatment Standards for Sewerage, N.J.S. A. 58:11-49 et seq., or any regulations promulgated thereunder shall be liable for a minimum penalty of $100 and a maximum penalty of $2,000 to be collected in civil action by a summary proceeding under the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.) or in any case before a court of competent jurisdiction. Any person violating any of the provisions of Article VIII of this chapter shall be subject to a written warning for the first violation, a minimum $100 and maximum $1,000 civil penalty for the second violation, a minimum $100 and maximum $1,500 civil penalty for the third violation, and a minimum $100 and maximum $2,000 civil penalty for the fourth violation within a two-year period: to be collected in civil action by a summary proceeding under the Penalty Enforcement Law of 1999 (N.J.S.A. 2A: 58-10 et seq.) or in any case before a court of competent jurisdiction. If the violation is of continuing nature, each day shall constitute a separate and distinct violation. Any facility owner who is found to be in violation with any of the requirements of Article. VIII of this chapter shall become liable to the Town for any expense, loss or damage occasioned by the Town by reason of such violation. This shall include, without limitation, the costs incurred to remove a sewer blockage. If the Town determines that a facility is discharging fats, oil, and grease in violation of this article and is responsible for the blockage.
[Amended 11-22-2022 by Ord. No. O:2022-34]
B. 
Injunctive relief. If a person violates any provision of this chapter, any provision of the Pretreatment Standards for Sewage, etc., N.J.S.A. 58:11-49 et seq., or any regulations promulgated thereunder, the Town (control authority), the NJDEP or the appropriate participant may institute a civil action in the Superior Court for injunctive relief.
Any person who knowingly makes a false statement, representation or certification in any application, record or other document filed or required to be maintained under this chapter, any provision of the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., or any regulations promulgated thereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained pursuant to the State Act, shall be subject to a fine of not more than $10,000 or by imprisonment of not more than six months, or by both.
A. 
Whenever the Town (control authority) or its designated representative finds that any person has violated or is violating this chapter, the Town (control authority) or its designated representative may serve upon person a written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 days, for the satisfactory correction thereof. Such notice of violation is not a condition precedent to legal action under § 492-33 of this chapter. All permits issued by the approval authority (NJDEP) may be issued violations by the NJDEP as stipulated in the terms and conditions of their permit issued to the user including provisions for hearings and/or appeals.
B. 
If the violation is not corrected by timely compliance, the Town (control authority) or its designated representative may order any person who causes or allows an unauthorized discharge to show why service should not be terminated. A notice shall be served on the offending party to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Services may be made on any agent or officer of a corporation. Such show-cause hearing is not a condition precedent to legal action under § 492-33 of this chapter.
C. 
The Town (control authority) shall conduct the hearing and take the evidence. Such hearing shall allow the Town to:
(1) 
Issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing.
(2) 
Transmit a report of the evidence and hearing, including transcriptions/records and other evidence, together with recommendations for action thereon.
D. 
At any public hearing, testimony taken must be under oath and recorded either by the Town in summary manner or stenographically. In the latter case, the transcript so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
E. 
If after a review of the evidence, the Town (control authority) determines that a violation is continuing to occur or that the user has not taken adequate steps to correct the identified violation(s), an issue will be ordered to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.
A. 
A user, upon receipt of notification of suspension or revocation of a permit issued by the Town (control authority) or its designated representative, may appeal the decision with a statement of reasons therefor within 10 days of the notice. Such an appeal shall not be cause for the discharge to continue if the suspension or revocation was issued to stop a harmful contribution.
B. 
Thereafter, upon notice in writing given to the permit holder or any agent or office thereof at least five days prior to the time fixed therefor, the Town (control authority) shall convene and conduct a hearing on the propriety or lack thereof of the notice of suspension or revocation. The cost of the stenographic transcript of such a proceeding shall be borne by the appellant who shall pay a filing fee as stipulated by the Town (control authority) prior to the hearing.
C. 
The decision of the Town (control authority) shall be in writing and shall be mailed certified or registered to the user or to his duly-authorized representative within 48 hours of the hearing, with a certified copy to be filed with the control authority's representative who originally served the notice of suspension or revocation. The determination shall be binding both upon the Town (control authority) and all parties of interest.