When the Joint Sewer Authority finds that a user has violated, or continues to violate, any provision of this Ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Joint Sewer Authority may petition the Court of Common Pleas of Montgomery County, through the attorney for the Joint Sewer 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 Ordinance on activities of the user. The Joint Sewer 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 Ordinance, 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 twenty-five thousand dollars ($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 Section 12.4 of this Ordinance.
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 Ordinance constitutes a violation of any criminal or penal statute, then, in addition to all enforcement remedies described elsewhere in this Ordinance, the Joint Sewer 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 Joint Sewer 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 Ordinance, and tampering with or otherwise rendering inaccurate a monitoring device or similar equipment.
The remedies provided for in this Ordinance are not exclusive. The Joint Sewer 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 Joint Sewer Authority's Enforcement Response Plan. However, the Joint Sewer Authority may take other action against any user when the circumstances warrant. Further, the Joint Sewer Authority is empowered to take more than one enforcement action against any noncompliant user.