1. Injunctive Relief. When the Township Manager finds that a user has violated, or continues to violate, any provision of this Part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Township Manager may petition the Lehigh County Court of Common Pleas through the Township Solicitor's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this Part on activities of the user. The Township Manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
2. Civil Penalties.
A. A user who has violated, or continues to violate, any provision of this Part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Township 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.
B. The Township Manager may recover reasonable attorneys' 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.
C. In determining the amount of civil liability, the court shall take 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. A user who willfully or negligently violates any provision of this Part, a wastewater discharge permit, or other issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a summary offense, punishable by a fine of not more than $1,000 per violation, per day or imprisonment for not more than 90 days, or both.
B. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 or be subject to imprisonment for not more than 90 days, or both. The penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
C. A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this Part, wastewater discharge permit or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part shall, upon conviction, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days, or both.
4. Remedies Nonexclusive. The remedies provided for in this Part are not exclusive. The Township Manager 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 Township's enforcement response plan. However, the Township Manager may take other action against any user when the circumstances warrant. Further, the Township Manager is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 339, 7/3/1996, § 4)