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.
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.