Borough of West Grove, PA Article III Enforcement; Violations and Penalties

[Adopted 12-4-2019 by Ord. No. 2019-08]

§ 329-11 Immediate suspension of discharge presenting imminent danger.

A. The Borough may order the suspension of discharge of wastewater by any user when such suspension is necessary, in the opinion of the Borough, in order to stop an actual or threatened discharge which presents an imminent danger or harm to people or to the environment ("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 Borough shall take such steps as it deems necessary, including immediate severance of the sewer connection, to effect the suspension of discharge of the user's wastewater into the Borough sewers. The Borough shall permit reinstatement of the discharge upon proof satisfactory to the Borough of the elimination of the dangerous discharge. The user shall submit a detailed written statement to the Borough describing the causes of the actual or threatened dangerous 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 Borough may also, as legally permitted, discontinue all water flow to such facility.

C. Nothing herein shall be construed to prohibit the Borough from seeking injunctive relief hereunder or at common law or taking other enforcement action in connection with a dangerous discharge.

§ 329-12 Notification of violation.

Whenever the Borough finds that a user has violated or is violating any prohibition, limitation or requirements contained herein, the Borough may 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.

§ 329-13 Legal action by Borough.

If any user violates the provisions of this chapter or any order related to sewer service of the Borough, the Borough may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Chester County. In any such proceeding, the Borough may seek to collect any damages and costs incurred pursuant to § 329-16 hereof and any fines imposed under § 329-14 hereof.

§ 329-14 Fines.

In addition to any other remedy available under this chapter, any person who shall violate any provision of the chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 for each offense, together with the cost of prosecution, which fine may be collected by suit or summary proceeding brought in the name of the Borough before any Magisterial District Judge. All fines and penalties collected for the violation of this chapter shall be paid over to the Borough. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. All court costs and attorneys' fees incurred by the Borough in connection with an enforcement action under this chapter shall be assessed to the person violating this chapter. Upon judgment against any person by summary conviction or by proceeding by summons on default of the payment of the fine or penalty imposed and the court costs and reasonable attorneys' fees incurred by the Borough in enforcement proceedings, the person found to have violated this chapter may be sentenced and committed to prison for a period not exceeding 30 days.

§ 329-15 Enforcement action.

The Borough may take any action permitted by law to enforce any provisions of this chapter.

§ 329-16 Liability for damage to sewer system.

In the event any person discharges its waste into the Borough sewers which causes or threatens to cause damage to the Borough or to any employee thereof or discharges any substance that damages or threatens to damage the environment, that person shall be liable for the damage thereto, said damage to include all costs incurred by the Borough, including, but not limited to, costs of restoration or replacement, fines, legal and engineering fees and natural resources damages. The limit of the damage shall be determined by the Borough and the person shall be billed therefor. Legal action may be taken to enforce collection and/or the Borough may terminate the offending connection to the Borough sewers.