A. 
The Manager may, upon informal notice to an industrial user, order the user to immediately halt or prevent a discharge to the public sanitary sewerage system which, in the opinion of the Manager, reasonably appears to present an imminent endangerment to the health or welfare of persons. For the purpose of this section, informal notice to an industrial user may be issued by a telephone call, an on-site inspection/visit, a cease and desist order or any combination of these methods.
B. 
In the event that an industrial user should fail to voluntarily comply with an emergency order to immediately halt or prevent a discharge to the public sanitary sewerage system, the Manager shall take whatever action is deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the public sanitary sewerage system or the endangerment of any individuals. The costs associated with any such emergency action shall be assessed to the industrial user, and the Borough shall not be responsible for any damages, including loss of income, as a result of such emergency action.
C. 
The Borough shall authorize permission to resume a discharge that has been halted under the emergency action provisions of § 157-51A upon satisfactory proof that the imminent danger has been eliminated. Within 15 days after the date of any such emergency action, the industrial user shall submit to the Borough a detailed written statement describing the cause or causes of the harmful contribution that necessitated the emergency action and the measures that will be taken to prevent any future occurrence of the incident.
A. 
The conditions and requirements of this chapter are applicable to all industrial users and shall be incorporated into the user's industrial waste permit either expressly or by reference. The industrial user has a duty to comply with all of the conditions of this chapter. Any noncompliance constitutes a violation of this chapter and is subject to appropriate enforcement action, including but not limited to revocation of the user's industrial waste permit or denial of a permit renewal application in accordance with the provisions of this chapter.
B. 
The Borough may terminate an industrial user's permit and suspend wastewater treatment service or deny a permit renewal application for any of the following causes:
(1) 
Determination by the Borough that the discharge presents or may present an endangerment to the environment or which threatens to interfere with the operation of the public sanitary sewerage system.
(2) 
Failure of the user to disclose fully all relevant facts during the application process or the user's misrepresentation of any relevant facts at any time.
(3) 
Falsifying monitoring or compliance reports or tampering with or knowingly rendering inaccurate any monitoring device or method required to be maintained as a condition of the user's permit.
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
(5) 
Willful and knowing failure to comply with any conditions of the user's permit or this chapter.
C. 
In the event of a nonemergency situation, where the Borough has determined that a user's discharge presents or may present a threat to the environment or the operation of the public sanitary sewerage system or where revocation of a user's permit is warranted as an enforcement action, the Borough shall, after formal written notification to the affected user and provision of ample opportunity for the user to respond, require the user to halt or prevent the discharge.
A. 
Except in cases of emergency situations subject to the provisions of § 157-51A of this chapter, whenever the Borough determines that an industrial user has violated or is violating any prohibitions, limitations or requirements of the user's permit or this chapter, the Borough may issue by certified mail a formal written notification stating the nature of the violation. The user shall be afforded a minimum period of 30 days after the receipt of the notification of violation within which to correct the deficiency or violation or to submit to the Borough a proposed corrective action plan and schedule for correcting the violation. However, all violations result in immediate liability, and the Borough may seek such penalties and/or take other enforcement action as it deems necessary during this response period.
B. 
In the case of procedural violations, an industrial user may correct the violation by fulfilling the duties or requirements that are deficient. The Manager shall review the corrective action taken by the user to determine whether or not the violation has been adequately corrected. Failure to correct a violation within a reasonable time period may result in further enforcement action.
C. 
In the case of discharge violations, the industrial user may correct the violation by process modifications or implementing appropriate pretreatment technology. The Borough shall review the proposed corrective action plan and schedule submitted by the user to determine whether or not the plan is adequate to correct the violation and consistent with the objectives of any applicable federal pretreatment standards and the general pretreatment regulations. The Borough may require modifications to the plan and schedule, including the submission of interim progress reports, to verify correction of the violation within an appropriate compliance schedule. The Borough may modify the user's permit to incorporate a reasonable schedule of compliance to implement an acceptable corrective action plan. In no case will any such compliance schedule exempt a user from further enforcement action by the Borough for the discharge violations or from enforcement action for failure to meet a compliance date in any applicable federal pretreatment standards.
A. 
Except in the case of emergency situations subject to the provisions of § 157-51A of this chapter, whenever the Borough deems it necessary to take enforcement action, including revocation of the user's permit, under the provisions of this chapter, the Borough may issue the affected user a formal written notification of the proposed enforcement action by certified mail. Such notice shall state the basis for the proposed action and the reasons for the Borough's tentative action.
B. 
The industrial user shall be afforded a minimum period of 30 days within which to comment on the proposed action and to submit to the Borough a written request for a meeting with the Borough Council to appeal the proposed action. All requests for an appeal meeting shall clearly state the specific action or provision(s) of the proposed action that is being appealed and the grounds upon which the appeal is based. Any supporting evidence that is relevant to the appeal must also be submitted with the request for appeal. The Borough Council may deny the appeal request on the basis of insufficient grounds or may schedule a meeting for the user to present the appeal to the Borough Council. As soon as practicable after the conclusion of the review period or the appeal meeting, the Borough Council shall issue to the user a formal written notification of the intended enforcement action and their conclusions. It must also be noted that all violations result in immediate liability, and the Borough may seek such penalties and/or take other enforcement action as it deems necessary during the thirty-day response period.
Under the conditions specified in Section 403.16 of the Federal General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR, Part 403), an upset shall constitute an affirmative defense to an enforcement action for noncompliance with either federal categorical standards or local standards adopted pursuant to this chapter. Any industrial user seeking to establish the occurrence of an upset shall have the burden of proof to demonstrate that the conditions necessary for an upset according to the general pretreatment regulations have been met.
The Borough Manager is hereby empowered to enter into consent orders, assurance of voluntary compliance or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified in the order. In no case will any such order exempt a user from further enforcement action for failure to meet a compliance date in any applicable federal pretreatment standards.
A. 
In certain cases, such as those involving revocation of a user's permit, the Borough Council may order a user 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 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 may itself conduct the hearing and take evidence or may designate any of its members or, in conjunction with the affected user and the Borough Council, may designate an arbitrator or board of arbitration to:
(1) 
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.
(2) 
Take the evidence.
(3) 
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 chapter 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.
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 as are necessary and appropriate may be issued.
If any person discharges sewage, industrial wastes or other wastes into the public sanitary sewerage system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the Borough or is found to be in violation of any other pretreatment standards or requirements of this chapter or federal pretreatment requirements, the Borough's solicitor may commence an action for appropriate injunctive and/or equitable relief in a court of competent jurisdiction.
When the Borough Manager finds that an industrial user has violated or continues to violate this chapter or a permit or order issued thereunder, the Manager may issue a compliance order to the industrial user responsible for the discharge directing that following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.
When the Borough Manager finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the Borough Manager may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
A. 
Comply forthwith.
B. 
Take such appropriate remedial or preventive actions needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.