A.
Summary conviction. Any user or other 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 by this Part 5 or permit conditions; who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this Part 5; who shall violate any other
provision of this Part 5; or who shall fail to comply with any of
the requirements hereof shall, upon conviction, be guilty of a summary
offense and sentenced to pay a fine not to exceed $10,000 and costs
of prosecution for each and every violation or, in default of payment
of such fine and costs, to undergo imprisonment for not more than
90 days for each violation. Each day a violation continues shall constitute
a separate offense.
B.
Legal action.
(1)
If any user or other person discharges sewage, industrial
waste or other waste into the POTW contrary to the provisions of this
Part 5, federal or state pretreatment requirements or any order of
the Authority, the Authority's Solicitor may commence an action for
legal and/or equitable relief, including the issuance of a temporary
or permanent injunction, in a court of competent jurisdiction. In
addition to the other penalties provided herein, the Authority may
recover reasonable attorneys' fees, court costs, court reporter fees,
and other expenses of litigation.
[Amended 6-30-2008 by Ord. No. 2008-10]
(2)
Any fines, costs, penalties or other expenses imposed
upon or incurred by the Authority as the result of any violation or
violations by any user or other person of any provision of this Part
5 shall be assessed against and chargeable to the user or other person
and may be collected as provided by law.
(3)
None of the provisions of this Article XII or Article XI shall be deemed in any way to limit the enforcement power of the Authority embodied in its Enforcement Response Plan and Civil Penalty Policy, as adopted by Authority Resolution No. 94-2, and as may be amended from time to time.[1]
[1]
Editor's Note: The Enforcement Response Plan,
adopted 12-17-2007 by Resolution No. 15-2007, is available in the
Township offices.
C.
Civil penalties.
(1)
Any user who is found to have failed to comply with
any provisions of this Part 5, or the orders, rules, regulations or
permits issued hereunder, shall be fined up to $25,000 for each offense.
Each day on which a violation shall occur or continue shall be deemed
a separate and distinct offense.
(2)
In addition to the penalties provided herein, the
Authority may recover reasonable attorneys' fees, court costs, court
reporter fees and other expenses of litigation by appropriate suit
at law against the person found to have violated this Part 5 or the
orders, rules, regulations and permits issued hereunder.
(3)
Any user upon whom a fine has been imposed pursuant
hereto shall have the right to an appeal thereof, pursuant to Section
7(b) of the Publicly Owned Treatment Works Penalty Law, 35 P.S. § 752.7(b)
and the Administrative Agency Law, 2 Pa.C.S.A. § 551 et
seq.
[Added 6-30-2008 by Ord. No. 2008-10]
D.
Falsifying information. Any person who knowingly makes
any false statement, representation or certification in any application,
record, report, plan or other document filed or required to be maintained
pursuant to this Part 5 or a permit condition or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this Part 5 shall, upon conviction, be guilty of a
summary offense and sentenced to pay a fine not to exceed $10,000
and costs of prosecution for each and every violation or, in default
of payment of such fine and costs, to undergo imprisonment for not
more than 90 days for each violation.
