Where a discharge to the Borough sewer system reasonably appears
to be in violation of this chapter, or presents or threatens an imminent
danger to the health and welfare of persons, or an imminent danger
to the environment, or may reasonably appear to have the potential
to cause interference with the operation of the Borough sewer system,
or that may pass through the system, the Borough may immediately initiate
steps to identify the source of the discharge, and to halt or prevent
said discharge. The Borough may seek enforcement, including injunctive
relief, against the source of such discharge and/or the municipality
in which said discharge is located and/or may pursue other available
remedies provided for under law.
The Borough may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any person determined by the Borough to be in noncompliance. Such documents will include specific action to be taken by the person to correct the noncompliance within a time period specified by the document, and may include the payment of civil penalties and reimbursement of costs pursuant to Article
VI of this chapter. Such documents shall have the same force and effect as the administrative orders issued pursuant to §
323-43 of this chapter.
A person, upon receipt of notification of suspension of its discharge permit, an administrative order, or a cease-and-desist order, may appeal the decision in writing to the Borough with a statement of reasons therefor within 10 days of receipt of the notice or order. An appeal shall not stay the effect of any such notice or order unless specifically agreed to in writing by the Superintendent, other than the requirement to pay any assessment of civil penalties and costs pursuant to Article
VI of this chapter. Failure to appeal within this time period shall result in a waiver of all legal rights to contest the violation or the amount of the penalty or costs.
A. Notice of hearing. After receipt of an appeal by the Borough, and
upon receipt of notice in writing given to the permit holder or any
agent or officer thereof at least five days prior to the time fixed
therefor the Borough Council, or a designee of the Borough Council,
shall convene and conduct a hearing on the propriety or lack thereof
of the notice or order, during which the appellant and the Borough
may present testimony and evidence. A stenographic recording of the
proceeding shall be made. The full cost of the stenographic transcript
of such a proceeding shall be borne by the appellant who shall pay
to the Borough a fee of $500 within 48 hours of its receipt of notice
of the date of the hearing from the Borough. The Borough shall assess
the appellant any additional costs associated with the stenographic
recording over and above $500 or it shall reimburse appellant any
unused portion thereof less $100 to cover administrative costs.
B. Method of decision. The findings and determinations of the Borough
shall be in writing and shall be mailed by means of certified or registered
mail to the person or to his duly authorized representative within
30 days of the hearing, unless extended for good cause, with a certified
copy thereof to be filed with the Borough, which determination shall
be binding both upon the Borough and all parties in interest.
C. Action following appeal decision. The person may appeal the Borough's
decision in accordance with applicable law.
A person who willfully or negligently violates any provision
of this chapter, a permit or order issued hereunder, or any other
pretreatment standard or requirement, or who willfully or negligently
introduces any substance into the POTW in violation of this chapter,
a permit or order issued hereunder, or any other pretreatment standard
or requirement, or any person who knowingly makes any false statements,
representations or certifications in any application, record, report,
plan or document filed, or required to be maintained pursuant to this
chapter, a permit or order issued hereunder, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device of a method
required under this chapter, may be subject to criminal prosecution
in accordance with the applicable provisions of the Pennsylvania Crimes
Code, 18 Pa.C.S.A. § 101 et seq.
The Superintendent may decline to issue or reissue a wastewater
contribution permit to any person who has failed to comply with any
provision of this chapter, a previous wastewater discharge permit
or order issued hereunder, or any pretreatment standard or requirement,
unless such person first files a satisfactory bond, payable to the
Borough, in a sum not to exceed a value determined by the Superintendent
to be necessary to achieve consistent compliance.
The Superintendent may decline to issue or reissue a wastewater
contribution permit to any person who has failed to comply with any
provision of this chapter, a previous wastewater discharge permit
or order issued hereunder, or any pretreatment standard or requirement,
unless the person first submits proof to the Borough's reasonable
satisfaction that it has obtained financial assurances sufficient
to restore or repair damage to the POTW caused by its discharge.