Injunctive relief

Act 9 of 1992, § 5, under PUBLICLY OWNED TREATMENT WORKS PENALTY LAW.

Act 9 of 1992, § 5

Section 5. Injunctive relief.

(a) General rule.--

(1) The POTW shall have the power to obtain injunctive

relief to enforce compliance with or restrain any violations

of any pretreatment standard. Injunctive relief shall be

granted upon the showing of one or more of the following:

(i) a discharge from an industrial user presents an

imminent danger or substantial harm to the POTW or the

public;

(ii) a discharge from an industrial user presents an

imminent or substantial endangerment to the environment;

(iii) a discharge from an industrial user causes the

POTW to violate any condition of its discharge permit; or

(iv) the industrial user has shown a lack of ability

or intention to comply with a pretreatment standard.

(2) Notwithstanding paragraph (1), an injunction

affecting an industrial operation not directly related to the

condition or violation in question may be issued if the court

determines that other enforcement procedures would not be

adequate to affect prompt correction of the condition or

violation. In addition to an injunction, the court and any

such proceedings may levy civil penalties in accordance with

section 4.

(b) Jurisdiction.--A POTW's power to seek injunctive relief shall apply to all industrial users regardless of jurisdictional boundaries. Injunctive proceedings may be prosecuted in the court of common pleas where the POTW is located, the activity has taken place, the condition exists or the public is affected, and to that end jurisdiction is hereby conferred in law and equity upon such courts.