When the Manager finds that a user has violated
or continues to violate any provision of this chapter, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the Manager may petition the Court of Common
Pleas of Westmoreland County, Pennsylvania, through the Solicitor
of the Greater Greensburg Sewage Authority, 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 chapter on activities of
the user. The Manager 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.
A.Â
A user who has violated or continues to violate any
provisions of this chapter, a wastewater discharge permit or order
issued hereunder or any other pretreatment standard or requirement
may be liable to the Greater Greensburg Sewage Authority for a maximum
civil penalty of $25,000 for 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 the violation.
B.Â
The Manager may recover reasonable attorneys' fees,
court costs and other expenses associated with enforcement activities,
including sampling and monitoring expenses and the cost of any actual
damages incurred by the Greater Greensburg Sewage Authority.
C.Â
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.
D.Â
Filing a suit for civil penalties shall not be a bar
against or a prerequisite for taking any other action against a user.
A.Â
A user who willfully or negligently violates any provision
of this chapter, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement shall, upon conviction,
be guilty of a misdemeanor, punishable by a fine of not more than
$25,000 per violation per day or imprisonment for not more than two
years, or both.
B.Â
A user who willfully or negligently introduces any
substance into the POTW which causes personal injury or property damage
shall, upon conviction, be guilty of a misdemeanor and be subject
to a penalty of not more than $5,000 or be subject to imprisonment
for not more than one year, or both. This penalty shall be in addition
to any other cause of action for personal injury or property damage
available under state law.
C.Â
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
chapter, wastewater discharge permit or order issued hereunder or
who falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this chapter shall, upon conviction,
be punished by a fine of not more than $300 per violation, per day.
D.Â
In the event of a second conviction, a user shall
be punished by a fine or imprisonment up to the maximum allowable
by the laws of the Commonwealth of Pennsylvania based on the sentencing
guidelines adopted by the Commonwealth of Pennsylvania.
The remedies provided for in this chapter are
not exclusive. The Manager may take any, all or any combination of
these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the Greater Greensburg
Sewage Authority's enforcement response plan. However, the Manager
may take other action against any user when the circumstances warrant.
Further, the Manager is empowered to take more than one enforcement
action against any noncompliant user.
