(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Administrative civil penalties.
(a)
When the control authority finds that a user has violated or continues to violate any provision of §§ 51.001 through 51.053, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the control authority may fine such a user in an amount not to exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, penalties shall be assessed for each day during the period of violation. The foregoing administrative civil penalties shall be enforced in accordance with the provisions of divisions (B)(2) and (B)(4) below.
(b) A lien against the user’s property will be sought for unpaid charges, fines and penalties.
(c) Users desiring to dispute such fines must file a written request for the control authority to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the control authority may convene a hearing on the matter. In the event that the user’s appeal is successful, the payment, together with any interest accruing there on, shall be returned to the user. The control authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(d) Issuance of an administrative fine shall not be a bar against or a prerequisite for taking any other action against the user.
(2) Civil penalties.
(a) A user who has violated or continues to violate any provision of §§ 51.001 through 51.053, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement shall be liable to the control authority for a maximum civil penalty of $25,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. Such penalty may be assessed in accordance with § 51.050(D).
(b) The control authority or the township may recover reasonable attorney 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 control authority or the township.
(c) In determining the amount of civil liability, there shall be taken into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against or a prerequisite for taking any other action against a user.
(3) Criminal prosecution. A user who willfully or negligently violates any provision of §§ 51.001 through 51.053, a wastewater discharge permit order issued hereunder, any other pretreatment standard or requirement or who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage or any user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to §§ 51.001 through 51.053, a wastewater discharge permit or order issued under §§ 51.001 through 51.053 or who falsifies, tampers with or knowingly renders inaccurate any monitoring device of method required under §§ 51.001 through 51.053 may be subject to criminal prosecution in accordance with the applicable provisions of the Pennsylvania Crimes Code, 18 Pa.C.S.A. §§ 101 et seq.
(4) Remedies nonexclusive. The remedies provided for in §§ 51.001 through 51.053 are not exclusive. The control authority may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the control authority’s enforcement response plan. However, the control authority may take other action against any user when the circumstances warrant. Further, the control authority is empowered to take more than one enforcement action against any noncompliant user.
(2) Sections 51.065 through 51.073 shall be deemed supplemental to all other ordinances and provisions thereof for enforcement and compliance purposes, and shall not be deemed to amend or rescind said other ordinances and provisions; further that any fines, fees, charges or penalties levied or imposed pursuant to §§ 51.065 through 51.073 shall be in addition to any fines, fees, charges or penalties levied or imposed pursuant to all other ordinances and provisions thereof.
(D) Any person, firm or corporation who shall violate any provision of §§ 51.085 through 51.112, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offences under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs. Each day that a violation of §§ 51.085 through 51.112 continues or each section of §§ 51.085 through 51.112 which shall be found to have been violated shall constitute a separate offense.
(E)
Any person, firm or corporation who shall violate any provision of §§ 51.125 through 51.136, upon conviction thereof and an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs. Each day that a violation of §§ 51.125 through 51.136 continues or each section of §§ 51.125 through 51.136 which shall be found to have been violated shall constitute a separate offense.
(F) Any person, firm, corporation or property owner who shall violate any provision of §§ 51.150 through 51.162, upon conviction thereof in any action brought before a District Magisterial Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs. Each day that a violation of §§ 51.150 through 51.162 continues or each section of §§ 51.150 through 51.162 which shall be found to have been violated shall constitute a separate offense.
(Ord. 72, passed 12-9-1983; Ord. 90, passed 7-13-1988; Ord. 159, passed 2-9-2005; Ord. 179, passed 11-8-2006; Ord. 182, passed 5-9-2007; Ord. 197, passed 4-14-2010; Ord. 199, passed 10-13-2010)