A.
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.
B.
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.
C.
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:
A.
Failure of a user to factually report the wastewater
constituents and characteristics of discharge.
B.
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics.
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
D.
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.
A.
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.
B.
The Borough Council, Borough Manager or other person
designated by the Borough Council shall conduct the hearing and be
authorized as follows:
(1)
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.
(2)
To take the evidence.
(3)
To transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations,
to the Borough Council for action thereon.
C.
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.
D.
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.
