[Ord. No. 2020-04, 10/1/2020[1]]
1. 
In General. When the Township's enforcement official or agent or the Director of Public Works finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued under this chapter, or any other pretreatment standard or requirement, the enforcement official or agent, or the Director of Public Works, may petition the Lehigh County Court of Common Pleas for the issuance of a temporary or permanent injunction, as appropriate, which restrains the violation and/or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on the activities of the user. The petitioner 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.
2. 
Solicitor. Township officers or employees shall utilize the Township Solicitor in taking any action under Subsection 1.
3. 
Injunctive Relief Not Required. Petitioning for injunctive relief under this section shall not be a bar against, or a prerequisite for, the Township or the City taking any other action against the user.
[1]
Editor's Note: This ordinance deleted in its entirety and restated former Part 13, Judicial Enforcement Remedies, adopted by Ord. No. 1995-15, 12/21/1995, as amended.
[Ord. No. 2020-04, 10/1/2020]
1. 
A user who 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 shall be liable to the City for a maximum civil penalty of $25,000 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 the violation.
2. 
The Director of Public Works 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 City.
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. 
In addition to all other enforcement remedies provided in this chapter, the Township may file an action in a court of competent jurisdiction against any person for any and all costs, expenses, damages, and penalties for which the person may be liable under this chapter or applicable law. The Township 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 Township. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
[Ord. No. 2020-04, 10/1/2020]
1. 
Industrial Violators. A person who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued under this chapter, or any other pretreatment standard or requirement, shall, upon conviction, be guilty of a summary offense, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days, or both.
2. 
Introduction of Substances Which Cause Personal Injury or Property Damage. A person who willfully or negligently introduces any substance into the sewerage system POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000, or be subject to imprisonment for not more than 90 days, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under applicable law.
3. 
Falsifications. A person 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, or a wastewater discharge permit, or order issued under this chapter, 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 $1,000 per violation, per day, or, in default thereof, by imprisonment for not more than 90 days, or both.
4. 
Additional Convictions. In the event of a second conviction, a person shall be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than one year, or both.
[Ord. No. 2020-04, 10/1/2020]
The remedies provided for in this chapter are not exclusive. The Township, the Township's enforcement official or agent, or the Director of Public Works may take any, all, or any combination of these actions against a noncompliant person.