A. Injunctive relief. When the operator determines that a user has violated, or continues to violate, any provision of these regulations, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the operator may petition the Court of Common Pleas of Montgomery County 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 these regulations on activities of the user. The operator 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.
B. Civil penalties. In the event that the operator is required to seek court redress for violations of these regulations, then all amounts recoverable elsewhere herein as administrative fines shall be recoverable as civil penalties; attorney’s fees, court costs and related expenses shall also be recoverable. Filing suit for civil penalties shall not be a bar against or a prerequisite for taking any other action against a user.
C. Criminal prosecution. In the event that any discharge or other violation of these regulations constitutes a violation of any criminal or penal statute, then, in addition, to all enforcement remedies described elsewhere in these regulations, the Township shall have the unfettered right to initiate and/or assist in any state or federal criminal proceedings as a result of such violation. Examples of criminal conduct in connection with a violation include, but are not limited to, knowing or intentional introduction of any substance into the wastewater system which causes injury to persons or property, otherwise undertaking any act or failing to undertake any act which recklessly endangers the well-being of the community or plant personnel, falsification of documents required to be filed pursuant to these regulations, and tampering with or otherwise rendering inaccurate a monitoring device or similar equipment.
D. Remedies nonexclusive. The remedies provided for in these regulations are not exclusive. The operator may take any, all or any combination of these actions and those actions specified by the operator’s regulations against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with an enforcement response plan if same is adopted by the operator. However, the operator may take other action against any user when the circumstances warrant. Further, the operator may take more than one enforcement action against any noncompliant user.