A.
The Township shall order the suspension of discharge
of wastewater by any user so directed by DARA. DARA may direct such
suspension when such suspension is necessary, in the opinion of DARA,
in order to stop an actual or threatened discharge which presents
an imminent danger or harm to people or to the environment or of interference
("dangerous discharge").
B.
Any user notified of an order to suspend shall comply
therewith immediately. In the event of a failure of the user to comply
voluntarily with the suspension order, the Township shall take such
steps as it deems necessary and, if directed by DARA, as directed
by DARA, including immediate severance of the sewer connection, to
effect the suspension of discharge of the user's wastewater into the
sewerage system. The Township shall permit reinstatement of the discharge
upon proof satisfactory to itself and DARA of the elimination of the
imminent and substantial danger referred to above. The user shall
submit a detailed written statement to the Township and DARA describing
the causes of the actual or threatened discharge and the measures
taken to prevent any future occurrence within 15 days of the date
of the first such discharge or threat of discharge. The Township may
also direct any public water purveyor to discontinue all water flow
to such facility.
C.
Nothing herein shall be construed to prohibit the
Township or DARA from seeking injunctive relief hereunder or at common
law or taking other enforcement action in connection with a dangerous
discharge.
Any user who violates any condition of this Part 9, applicable state and federal regulations or an industrial waste discharge permit, if applicable, is subject, in addition to any civil or criminal penalties which may be imposed, to having his service terminated and/or his industrial waste discharge permit revoked.
Whenever DARA or the Township finds that the user has violated or is violating this Part 9, an industrial waste discharge permit or any prohibition, limitation or requirements contained herein, or has failed to provide the Executive Director with the information needed to accurately determine compliance with any pretreatment standard or requirement, the Township or DARA may, and the Township at the direction of DARA shall, serve upon such person a written notice of violation. The notice may require a response in the form of a plan, explanation, compliance schedule or other appropriate response within a specified time period. Compliance with any such requirement is mandatory.
If any user violates the provisions of this Part 9, federal or state pretreatment requirements or any order related to sewer service of the Township, the Township may and, at the discretion of DARA, shall commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Chester County. In any such proceeding, the Township may seek to collect any damages and costs incurred pursuant to § 253-103 hereof, and unpaid, and any fines imposed under § 253-101 hereof, and unpaid.
