Borough of Lehighton, PA
Carbon County
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Table of Contents
Table of Contents
Any user or other 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 by this Part 2 or permit condition or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 2 or who shall violate any other provision of this Part 2 or who shall fail to comply with any of the requirements hereof shall, upon conviction, be guilty of summary offense and sentenced to pay a fine not to exceed $300 and costs of prosecution for each and every violation. Each day a violation continues shall constitute a separate offense.
A. 
If any user or other person discharges sewage, industrial wastes or other wastes into the wastewater treatment plant contrary to the provisions of this Part 2, federal or state pretreatment requirements or any order of the Borough, the Borough Solicitor may commence an action for legal and/or equitable relief in a court of competent jurisdiction. In addition to the other penalties provided herein, the Borough may recover reasonable attorney's fees, court costs, court reporter fees and other expenses of litigation.
B. 
Any fines, costs, penalties or other expenses imposed upon or incurred by the Borough or Authority as the result of any violation or violations by any user or other person of any provision of this Part 2 shall be assessed against and chargeable to the user or other person and may be collected as provided by law.
[Amended 1-11-1993 by Ord. No. 432]
A. 
Except as otherwise provided by Subsection B below, any user who is found to have violated any order of the Borough or Authority or who willfully or negligently failed to comply with any provision of this Part 2 and the orders, rules, regulations and permits issued hereunder shall be fined not less than $100 nor more than $300 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Borough may recover reasonable attorney's 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 2 or the orders, rules, regulations and permits issued hereunder.
B. 
In addition to any other penalty provided in this section, any "industrial user" as defined in the Public Owned Treatment Works Penalty Law, Act 9 of 1992,[1] who violates any "pretreatment standard or requirement" as defined either in the Public Owned Treatment Works Penalty Law or in this Part 2 or who permits the discharge of prohibited industrial waste into the Lehighton sewage system is subject to all the penalties prescribed in the Public Owned Treatment Works Penalty Law, including but not limited to a fine of $25,000 per day.
[1]
Editor's Note: See 35 P.S. § 752.1 et seq.
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 Part 2 or permit condition or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 2 shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment as allowed by law.
The Borough reserves the right from time to time to adopt, revise, amend and readopt such rules and regulations as may be necessary and proper for the use and operation of the sewer system, and all such rules and regulations shall be part of this article.