When the control authority finds that a user
has violated, or continues to violate, any provision of this Part
2, 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, through
the attorney for the control authority, 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 2 on activities of the user.
The control authority 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.
In the event that any discharge or other violation
of this Part 2 constitutes a violation of any criminal or penal statute,
then in addition to all enforcement remedies described elsewhere in
this Part 2, the control authority or the other participating municipalities
shall have the unfettered right to initiate and/or assist in any state
or federal criminal proceedings as a result of such violation. Examples
of criminal conduct in connection with a violation include, but are
not limited to, knowing or intentional introduction of any substance
into the control authority's POTW which causes injury to persons or
property, otherwise undertaking any act or failing to undertake any
act which recklessly endangers the well-being of the community or
plant personnel, falsification of documents required to be filed pursuant
to this Part 2 and tampering with or otherwise rendering inaccurate
a monitoring device or similar equipment.
The remedies provided for in this Part 2 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.
The control authority may decline to issue or
reissue a wastewater discharge permit to any user who has failed to
comply with any provision of this Part 2, a previous wastewater discharge
permit or order issued hereunder or any other pretreatment standard
or requirement, unless such user first files a satisfactory bond,
payable to the control authority, in a sum not to exceed a value determined
by the control authority to be necessary to achieve consistent compliance.
The control authority may decline to issue or
reissue a wastewater discharge permit to any user who has failed to
comply with any provision of this Part 2, a previous wastewater discharge
permit or order issued hereunder or any other pretreatment standard
or requirement, unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
POTW caused by its discharge.
Whenever a user has violated or continues to
violate any provision of this Part 2, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence,
at the user's expense, after it has satisfactorily demonstrated its
ability to comply.
A violation of any provision of this Part 2,
a wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement may separately be declared as
a public nuisance to the extent that it constitutes such nuisance
as defined by Pennsylvania law or municipal ordinance.