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.
A. 
A user who 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 shall be liable to the Joint Sewer 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. Such penalty may be assessed in accordance with § 122-95 of this Part 2.
B. 
The Joint Sewer 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 Joint Sewer Authority.
C. 
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 and as set forth in the Enforcement Response Plan.
D. 
Filing a suit for civil penalties 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.