(A) Section 309(c) of the Clean Water Act (33 U.S.C. § 1319(c)) authorizes the federal government to seek criminal punishment for any person who willfully or negligently violates pretreatment standards, knowingly makes false statements regarding any report, application, record or any other document required by general pretreatment regulations. There may also be criminal prosecution under applicable provisions of the Pennsylvania Criminal Code. The determination to pursue violations through criminal action will take into consideration the willfulness of the violation, knowledge of the violation, nature and seriousness of the offense, need for deterrence, compliance history of the user, adequacy of the evidence and adequacy of penalties and sanctions available through civil and administrative enforcement action.
(B) Examples of criminal intent include falsification of data, tampering with results or equipment, willful or negligent failure to provide notice of upset, slug or accidental discharge or willful violation of the user permit. Parallel criminal and civil actions may be filed for violations when immediate injunctive relief is necessary.
(Res. 1998-10-18-B, passed 10-19-1998; Ord. 180, passed 12-21-1998)