[Ord. 1073, 11/8/2007, § 11.1]
When the City finds that a user has violated, or continues to
violate, any provision of this Part, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
the City may petition the Court of Common Pleas of Berks County, Pennsylvania,
through the City's Attorney for appropriate legal and equitable
relief 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 on activities of the user. The City 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.
[Ord. 1073, 11/8/2007, § 11.2]
1.
A user who has violated, or continues to violate, any provision of
this Part, 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 City 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, there shall be taken
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.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
[Ord. 1073, 11/8/2007, § 11.3]
A user who willfully or negligently violates any provision of
this Part, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, or who willfully
or negligently introduces any substance into the POTW which causes
personal injury or property damage, or any user who knowingly makes
any false statements, representations or certifications in any application,
record, report, plan, or other document filed, or required to be maintained
pursuant to this Part, a wastewater discharge permit or order issued
under this Part or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device of method required under this Part,
may be subject to criminal prosecution in accordance with the applicable
provisions of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101
et seq.
[Ord. 1073, 11/8/2007, § 11.4]
The remedies provided for in this Part are not exclusive. The
City 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 City's enforcement response plan. However,
the City may take other action against any user when the circumstances
warrant. Further, the City is empowered to take more than one enforcement
action against any noncompliant user.
