§ 51.99 PENALTY.

   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.

   (B)   (1)   Any person who violates or fails to comply with any provision of §§ 51.20 through 51.37, any requirement of an industrial wastewater discharge permit issued under this subchapter, or an order issued pursuant to §§ 51.20 through 51.37, shall be guilty of a summary offense and upon conviction thereof be subject to a fine of not more than $1,000 and costs of prosecution and in default thereof shall be imprisoned for not more than 30 days. A separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues.

      (2)   Any person violating any of the provisions of §§ 51.20 through 51.37 shall become liable to the City of York or the borough for any expenses, loss or damage occasioned by the City of York or the borough by reason of such violation.

      (3)   For the violation of any of the provisions of §§ 51.20 through 51.37, the borough or the City of York shall have the right and power to disconnect all connecting pipe lines conveying sewage or industrial wastes from the buildings of the users of the borough’s sewers to the borough’s or the city’s sewer system from such sewer system. The cost of disconnection and any reconnection shall be paid by the user. The right and power of disconnection shall be in addition to any fine or penalty imposed for the violation.

      (4)   Any person who violates or fails to comply with any provision of §§ 51.20 through 51.37, any requirement of an industrial wastewater discharge permit issued under §§ 51.20 through 51.37, or an order issued pursuant to §§ 51.20 through 51.37, may be assessed a civil penalty of up to $25,000 as provided for in Act 9 (35 P.S. §§ 752.1 et seq.). Such penalties 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. A lien against the user’s property may be sought for unpaid charges and penalties. Users desiring to dispute such penalty shall follow the procedure as set forth in § 51.36. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. Issuance of a civil penalty shall not be a bar against, or a prerequisite for, taking any other action against the user.

(2006 Code, § 18-221) (Ord. 2010-1, passed 12- -2010)