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 2 or permit conditions; 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 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.
A. 
If any user or other person discharges sewage, industrial wastes or other wastes into the POTW contrary to the provisions of this Part 2, federal or state pretreatment requirements, or any order of the Township and/or the Authority, the Township or Authority 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 Township or Authority may recover reasonable attorney 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 Township 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.
C. 
None of the provisions of this article or Article XIII shall be deemed in any way to limit the enforcement powers 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.
Any user who is found to have failed to comply with any provision of this Part 2, and the orders, rules, regulations or permits issued hereunder, may 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. In addition to the penalties provided herein, the Township and/or Authority may recover reasonable attorney's fees, court costs, court reporters' 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.
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 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.
[Added 8-13-2008 by Ord. No. 08-04]
A. 
Any user that has been issued a notice of violation, compliance order, cease and desist order, emergency suspension notice, termination of discharge notice, refusal to issue permit notice, or severance of water service has the right to appeal either the amount of the penalty or the fact of the violation. Said appeal must be filed within 30 days of receipt of the notice or violation. The appeal shall be filed pursuant to Pennsylvania Administrative Law and Procedure as set forth in 2 Pa.C.S.A. § 551 et seq.
B. 
Failure of the user to appeal the penalty contesting either the fact of the violation or the amount of the penalty within the 30 days of receipt of the notice or order shall result in the waiver of the user’s legal rights to contest the violation or the amount of the penalty.
C. 
Challenges, answers, or appeals to actions taken pursuant to or under the authority of this section that are governed or subject to other statutes or procedures, including the Judicial Code, or Rules of Civil or Criminal Procedure, shall be subject to the time limitations and procedural requirements of those laws.