(A) Harmful contributions.
(1) The borough may suspend the wastewater treatment service and/or a wastewater contribution 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 wastewater treatment plant, or causes the borough to violate any condition of its NPDES permit.
(2) Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the borough shall take such steps as deemed necessary to prevent or minimize damage to the wastewater treatment plant system or endangerment to any individuals. The borough shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the borough within 15 days of the date of occurrence.
(B) Revocation of permit. Any user who violates the following conditions of this chapter or applicable state and federal regulations is subject to having his or her permit revoked in accordance with the procedures of this section and § 53.999:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his, her or its discharge;
(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the permit.
(C) Notification of violation. Whenever the borough finds that any user has violated or is violating this subchapter, wastewater contribution 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.
(D) Show-cause hearing.
(1) The borough may order any user who causes or allows an unauthorized discharge to enter the wastewater treatment plant to show cause before the Borough Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the borough Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Borough Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(2) The Borough Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:
(a) Issue in the name of the Borough Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) Take the evidence; and
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Borough Council for action thereon.
(3) At any hearing held pursuant to this subchapter, testimony taken must be under oath and recorded stenographically. 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 thereof.
(4) After the Borough Council has reviewed the evidence, it may issue an order to the user 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 on existing treatment facilities, devices or other related appurtenances and are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(E) Legal action. If any person discharges sewage, industrial wastes or other wastes into the borough’s wastewater disposal system contrary to the provisions of this subchapter, federal or state pretreatment requirements, or any order of the borough, the Borough Solicitor may commence an action for appropriate legal and/or equitable relief in the Court of Mercer County.
(1980 Code, Ch. 20, Part 5, § 85) (Ord. 1226, passed 3-18-1991, § 5) Penalty, see § 53.999