When the POTW-TP or MTMSA finds that a user has violated, or
continues to violate, any provision of this Part 1, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, the POTW-TP or MTMSA may petition the Court of Common
Pleas of Montgomery County, through the attorney for the MTMSA and/or
the POTW-TP 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 1 on activities of the user. The POTW-TP or MTMSA 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 MTMSA or the POTW-TP is required to seek court
redress, for violations of this Part 1, then all amounts recoverable
elsewhere herein as administrative fines shall be recoverable as civil
penalties; attorneys' fees, court costs, and related expenses shall
also be recoverable. Filing 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
1 constitutes a violation of any criminal or penal statute, then in
addition to all enforcement remedies described elsewhere in this Part
1, MTMSA and the POTW-TP or the 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 POTW-TP 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 1, and tampering
with or otherwise rendering inaccurate a monitoring device or similar
equipment.
The remedies provided for in this Part 1 are not exclusive.
The POTW-TP or MTMSA 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 POTW-TP's Enforcement Response
Guide. However, the POTW-TP or MTMSA may take other action against
any user when the circumstances warrant. Further, the POTW-TP or MTMSA
is empowered to take more than one enforcement action against any
noncompliant user.