(a) Injunctive Relief. When MACM finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, MACM may petition the Court of Common Pleas of Allegheny County through MACM'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 article on activities of the user. MACM 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 the user.
(b) Civil Penalties.
(1) A user who has violated, or continues to violate any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to MACM for a maximum civil penalty not to exceed twenty-five thousand dollars ($25,000.00) 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 violation.
(2) MACM may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by MACM.
(3) 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.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against the user.
(c) Criminal Penalties.
(1) Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or Pretreatment Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall upon conviction be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than thirty (30) days, or both.
(2) Each occurrence shall be a separate offense. This section shall not preclude prosecution under the Pennsylvania Crimes Code.
(d) Remedies Nonexclusive. The remedies provided for in this article are not exclusive. MACM may take any, all, or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with MACM's enforcement response plan. However, MACM may take other action against any user when the circumstances warrant. Further, MACM is empowered to take more than one enforcement action against non-compliant user.
(Ord. 3214. Passed 4-16-01.)