When the Lake City Borough Council, or a committee thereof, finds that a user has violated, or continues to violate, any provision of this Part 3, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, it may petition the Court of Common Pleas of Erie County through the Borough Solicitor 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 Part 3 on activities of the user. Lake City Borough may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediations. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user.
A. 
A user who has violated, or continues to violate, any provision of this Part 3, a wastewater discharge permit, or any order issued hereunder, or any other pretreatment standard or requirement shall be liable to Lake City Borough for a civil penalty of not less then $300 per day and not more then $25,000 per day for each violation. In the case of a long-term or continuing violation, penalties shall accrue for each day during the period of the violation.
B. 
Lake City Borough may recover reasonable attorney's fees, engineering fees, court costs, and other expense associated with the enforcement activities, including sampling and monitoring expense, and the cost of any actual damages incurred by Lake City Borough.
C. 
In determining the amount of civil penalty, the following factors shall be taken into account, including but not limited to the willfulness of the violation: damage to water, land or other natural resources or their uses; cost of restoration and abatement; savings resulting to the user in consequence of the violation; deterrence of future violations; and other relevant factors as justice requires.
D. 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
A. 
A user who willfully or negligently violates any provision of this Part 3, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a summary offense punishable by a fine of not less than $500 and not more than $5,000 plus costs, or imprisonment not to exceed 90 days, or both.
B. 
A user who willfully or negligently introduces any substance in to the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a summary offense punishable by a fine of not less than $500 and not more than $5,000 plus costs, or imprisonment not to exceed 90 days, or both.
C. 
A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this Part 3, wastewater discharge permit, or order issued hereunder, or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Part 3 shall, upon conviction, be punished by a fine of not more than $500 and not more than $5,000 plus costs, or imprisonment not to exceed 90 days, or both.
The remedies provided for in this Part 3 are not exclusive. The Lake City Borough may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with Lake City Borough's enforcement response plan. However, the Lake City Borough may take other action against any user when the circumstances warrant. Further, the Lake City Borough is empowered to take more than one enforcement action against any noncompliant user.