When the control authority finds that a user
has violated, or continues to violate, any provision of this Part
5, a wastewater discharge permit, or order issued hereunder, or any
other pretreatment standard or requirement, the control authority
may petition the Court of Common Pleas of Montgomery County, Pennsylvania,
for appropriate legal and equitable relief, including 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 5 on activities of
the user. Relief requested may also include requirements for environmental
remediation. A petition for injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a user.
A.Â
A user who has violated, or continues to violate, any provision of this Part 5, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the control authority 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. Each violation for each separate day shall constitute a separate and distinct offense under this section.
B.Â
The control authority 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 control authority.
C.Â
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.
D.Â
Filing a suit for civil penalties shall not be a bar
against, or a prerequisite for, taking any other action against a
user.
A user who willfully or negligently violates any provision of this Part 5, a wastewater discharge permit, 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 5, a wastewater discharge permit or order issued under this Part 5 or who falsifies, tampers with or knowingly renders inaccurate any monitoring device of method required under the Part 5, 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.
The remedies provided for in this Part 5 are
not exclusive. The control authority 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 control authority's
enforcement response plan. However, the control authority may take
other action against any user when the circumstances warrant. Further,
the control authority is empowered to take more than one enforcement
action against any noncompliant user.
