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(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. 1
(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.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 752.5. Injunctive relief - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-752-5.html
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