The Borough may suspend the wastewater treatment service and/or a permit when such suspension is necessary, in the opinion of the Borough, in order to stop any actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference with the wastewater treatment plant or may cause the wastewater treatment plant to violate any conditions of its NPDES permit.
Any person notified of a suspension of the wastewater treatment service and/or the permit shall immediately cease wastewater discharge to the wastewater treatment plant. 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, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment plant system or possible endangerment to any individuals. The Borough shall reinstate the permit and/or the wastewater treatment service upon proof, satisfactory to the Borough, of the elimination of the noncomplying 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 the occurrence.
The Borough Council is hereby authorized to establish the position of Sewage Enforcement Officer, who shall have the authority and responsibility along with any other appropriate Borough official herein named to enforce this chapter. The Sewage Enforcement Officer so appointed shall be properly certified and meet all of the qualifications and requirements of the position established by the Commonwealth of Pennsylvania, Department of Environmental Resources and any other federal, state, county or municipal requirements of the office.
Any user who is guilty of the following acts or omissions or who violates applicable state and federal regulations is subject to having his permit revoked:
Failure of a user to factually report the wastewater constituents and characteristics of discharge.
Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
Violation of conditions of the permit.
Whenever the Borough finds that any user has violated or is violating this Part 2, permit conditions or any prohibition or limitation or 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.
Notwithstanding the aforesaid enforcement provisions, 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 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 reason why the action is to be taken and 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 hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
The Borough Council, Borough Manager or other person designated by the Borough Council shall conduct the hearing and be authorized as follows:
To issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
To take the evidence.
To transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the Borough Council for action thereon.
At any hearing held pursuant to this Part 2, testimony shall 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 therefor.
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 deemed necessary and appropriate may be issued by the Borough.