(A) Administrative fines.
(1) When the township finds that a user has violated, or continues to violate this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, that user shall be fined an amount not to exceed $25,000 per day for each violation. In the event the township desires to increase the said fine above $25,000 per day, if authorized by appropriate law, such increase shall be made by amendment to this chapter. Each violation for each separate day shall constitute a separate and distinct offense. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. The township is hereby authorized to adopt, from time to time, a formal, written civil penalty assessment policy, known as the enforcement response plan and civil penalty policy, which may set forth such fines not in excess of $25,000 per day, or such other amount as may be permitted by law and adopted by ordinance amendment, and which said policy is available to users and other interested parties upon request.
(2) The user charged with the fine shall have 30 days to pay the proposed fine in full, or, if the user wishes to contest the amount of the fine or the fact of the violation, the user may file an appeal. Failure to appeal within this 30-day period shall result in a waiver of all legal rights to contest the violation or the amount of the fine. Appeals of administrative fines shall be subject to the procedure set forth in 2 Pa.C.S. The township may add the costs for reestablishing the operation of the POTW and any other appropriate costs to the administrative fines. Unpaid charges, fines and penalties shall constitute a lien against an individual user’s property. Issuance of an administrative fine shall not bar against, abridge, or alter any right of action or remedy, existing in equity, or under the common law or statutory law, criminal or civil, available to the township in taking any other action against the user.
(B) Civil penalties. When the township fords that a user has violated, or continues to violate this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement; or determines the discharge from a user presents imminent or substantial harm to the POTW or the public; or the discharge from the user causes the POTW to violate any condition of its NPDES permit; or the user has shown a lack of ability or intention to comply with a pretreatment standard, that user may, in addition to an action for injunctive relief, be assessed a civil penalty in an amount not to exceed $25,000 per violation, per day, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate and distinct offense. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation. The township may recover costs for reestablishing the operation of the POTW, reasonable attorney’s fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the township. Filing a suit for civil penalties shall not bar against, or be a prerequisite for, taking any other action against a user. The township shall have the authority to resolve any pending litigation by entering into a consent decree.
(C) Criminal prosecution. When the township fords that a user has willfully or negligently violated, or continues to violate this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, that user may be subject to criminal liability under federal, state or local law. In the event the user violates any federal and/or state law, the penalty for such violation shall be as set forth in such federal or state law. In the event the user violates any provision of this chapter and/or the enforcement response plan, the penalty for such violation shall be a fore of not less than $100 and not more than $1,000 for each violation or 30-days’ imprisonment in default of payment for such fine. Each day a violation exists shall constitute a separate offense and shall be punishable as such. Nothing herein shall be construed to prevent the township from prosecuting any violation through criminal and/or civil proceedings or both simultaneously.
(Ord. 2-2010, passed 11-4-2010)