1. Criminal Penalties. A user who willfully or negligently violates any provision of this Part 7(B), an IWDP, or order issued hereunder, or who willfully or negli gently introduces any substance into the POTW which causes personal injury, property damage, pass through, interference 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 this Part 7(B), an IWDP or order issued under this Part 7(B) or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 7(B), may be subject to criminal prosecution in accordance with the applicable provisions of the Pennsylvania Crimes Code, 18 Pa.C.S. § 101 et seq.
2. Civil Penalties.
A. In accordance with Pennsylvania Act 9, any user who has violated, or continues to violate, any provision of this Part 7(B), an IWDP, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City or Township for a maximum civil penalty of $25,000 per violation, per day.
B. 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. All penalties shall be assessed in accor dance with this Part 7(B) and the City’s Enforcement Response Plan.
C. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
D. In the event any user violation(s) results in the imposition of a fine or other penalty on the City or Township by EPA, the state, or any other agency, such violation(s) shall be punishable by a civil penalty at least equal to the dollar amount imposed upon the Township plus its administrative, legal, engineering costs, and expenses, but not more than $25,000, per day, per violation.
3. Pursuant to 40 CFR 403.8(f)(1)(vi)(A), any penalties required under this Section will apply per violation per day. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In the case of weekly, monthly or other long-term average discharge limits, penalties shall accrue for each day during the period of the violation. In addition to the penalties provided herein, the City or Township may recover reasonable costs for any loss, damage, cleaning, repair, or replacement work caused by the violation, attorney’s fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Part 7(B) or the orders, rules, regulations, and permits issued hereunder.
(Ord. 495, 6/17/2009)