Any user or other person who knowingly makes
any false statement, representation or certification in any application,
record, report, plan or other document filed or required to be maintained
by this Part 2 or permit condition or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required
under this Part 2 or who shall violate any other provision of this
Part 2 or who shall fail to comply with any of the requirements hereof
shall, upon conviction, be guilty of summary offense and sentenced
to pay a fine not to exceed $300 and costs of prosecution for each
and every violation. Each day a violation continues shall constitute
a separate offense.
[Amended 1-11-1993 by Ord. No. 432]
A. Except as otherwise provided by Subsection
B below, any user who is found to have violated any order of the Borough or Authority or who willfully or negligently failed to comply with any provision of this Part
2 and the orders, rules, regulations and permits issued hereunder shall be fined not less than $100 nor more than $300 for each offense. Each day on which a violation shall occur or continue shall be deemed 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 person found to have violated this Part
2 or the orders, rules, regulations and permits issued hereunder.
B. In addition to any other penalty provided in this
section, any "industrial user" as defined in the Public Owned Treatment
Works Penalty Law, Act 9 of 1992, who violates any "pretreatment standard or requirement"
as defined either in the Public Owned Treatment Works Penalty Law
or in this Part 2 or who permits the discharge of prohibited industrial
waste into the Lehighton sewage system is subject to all the penalties
prescribed in the Public Owned Treatment Works Penalty Law, including
but not limited to a fine of $25,000 per day.
Any person who knowingly makes any false statements,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this Part 2 or permit condition or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required
under this Part 2 shall, upon conviction, be punished by a fine of
not more than $1,000 or by imprisonment as allowed by law.
The Borough reserves the right from time to
time to adopt, revise, amend and readopt such rules and regulations
as may be necessary and proper for the use and operation of the sewer
system, and all such rules and regulations shall be part of this article.