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Borough of Punxsutawney, PA
Jefferson County
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Table of Contents
Table of Contents
In addition to proceeding under any other remedy available at law or equity for violation of pretreatment standards and/or requirements, any industrial user which is found to have violated the written directions of the Borough issued under the terms of this Part 4 or fails to comply with any provisions of the industrial pretreatment program, or the rules, regulations and permits issued hereunder may be assessed a civil penalty which shall not exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. The civil penalty may be assessed whether or not the violation was willful or negligent, and each violation for each separate day shall constitute a separate and distinct offense. In addition to the penalties provided herein, the Borough may recover reasonable attorney's fees, court costs, court reporter fees and other expenses of litigation by appropriate suit at law against the industrial user found to have violated this Part 4, the industrial pretreatment program or the rules, regulations and permits issued hereunder. Notwithstanding the foregoing, a single operational upset which leads to simultaneous violations of more than one pretreatment standard or requirement shall be treated as a single violation as required by the Federal Water Pollution Control Act; but the Borough may, however, recover its costs for reestablishing the operation of the treatment plant, in addition to any civil penalty imposed under this section.