[Amended 11-4-1996 by Ord. No. 200]
A. The Township does hereby authorize and empower the
Borough to suspend a user permit or an industrial user permit 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, to the environment, causes interference to the POTW or causes
the Borough to violate any condition of its NPDES permit.
B. Any person notified of a suspension of a permit shall
immediately stop or eliminate the discharge. In the event of failure
of the person to comply voluntarily with the suspension order, the
Borough shall take steps as deemed necessary, including immediate
severance of the sewer connection to prevent or minimize damage to
the POTW system or endangerment to any individuals. The Borough may
reinstate the permit upon proof of the elimination of the noncomplying
discharge by the user or industrial user, payment of any damages,
fines, penalties or costs associated with the discharge and the submission
of a detailed written statement describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence.
Any user or industrial user who violates the
following conditions of this part or applicable state and federal
regulations is subject to having his permit suspended in accordance
with the procedures of this article:
A. Failure of a user or industrial user to report factually
the wastewater constituents and characteristics of his discharge.
B. Failure to report significant changes in operations
or wastewater constituents and characteristics.
C. Refusal of reasonable access to the premises for the
purpose of inspection and monitoring.
D. Violation of the conditions of the permit.
Whenever the Borough finds that any user or
industrial user has violated or is violating this part, the permit
or industrial user permit or any prohibition, limitation of requirements
contained herein, the Borough may serve upon such person a written
notice stating the nature of the violation. Within 30 days of the
date of the notice, a plan for the satisfactory correction thereof
shall be submitted to the Borough by the user or industrial user.
Whenever the Borough finds that an industrial
user has violated the terms and conditions of its permit or this part
and has been served with a notice of violation, the Township does
authorize and empower the Borough to subject the industrial user to
an order to correct the violation within a time frame as deemed appropriate
and timely by the Borough.
Pursuant to the authority delegated by the Township
to the Borough herein, if any person discharges sewage, industrial
wastes or other wastes into the Borough's wastewater disposal system
contrary to the provisions of this part, federal or state pretreatment
requirements or any order of the Borough or is in violation of any
other pretreatment standards and requirements of this part, the Borough
Solicitor may commence an action for appropriate legal and/or equitable
relief in the Court of Common Pleas of Montgomery County.