[Ord. 1-1997, 1/20/1997, Exh. A, § 6.1]
When the Director of Public Works finds that a user has violated,
or continues to violate, any provision of this Part, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Director of Public Works may petition
the Lebanon County Court through the City Solicitor 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 on activities of
the user. The Director of Public Works may also seek 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 another action against the user.
[Ord. 1-1997, 1/20/1997, Exh. A, § 6.2]
Any user who is found to have violated an Order of the City
or the City of Lebanon Authority or who willfully or negligently failed
to comply with any provisions of this Part, and the orders, rules,
regulations and permits issued hereunder, shall pay a civil penalty
of not less than $100 nor more than $1,000 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 City and the City of Lebanon Authority may recover reasonable
attorneys' fees, court costs, court reporters' fees and other expenses
of litigation by appropriate suit at law against the person found
to have violated this Part or the orders, rules, regulations and permits
issued hereunder.
[Ord. 1-1997, 1/20/1997, Exh. A, § 6.3]
Any 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 pursuant to this Part,
or wastewater contribution permit, or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required
under this Part, shall, upon conviction, be punished in accordance
with state law, 18 Pa.C.S.A. § 4904, "Unsworn Falsification
to Authorities."
[Ord. 1-1997, 1/20/1997, Exh. A, § 6.4]
1.
When the Director of Public Works finds that a user has violated,
or continues to violate, any provision of this Part, a wastewater
discharge permit or an order issued hereunder, or any other pretreatment
standard requirement, the Director of Public Works may fine such user
in an amount not to exceed $25,000 per day per violation. Such fines
shall be assessed on a per violation, per day basis. In the case of
monthly or long term discharge limit, fines shall be assessed for
each day during the period of violation.
2.
Unpaid charges, fines and penalties shall, after 30 calendar days,
be assessed an additional penalty of 2% of the unpaid balance, and
interest shall accrue thereafter at a rate of 5% per month. A lien
against the user's property will be sought for unpaid charges, fines
and penalties.
3.
Users desiring to dispute such fines must file a written request
for the Director of Public Works to reconsider the fine along with
full payment of the fine amount within 14 calendar days of being notified
of the fine. Where a request has merit, the Director of Public Works
may convene a hearing on the matter. In the event the user's appeal
is successful, the payment, together with any interest accruing thereto,
shall be returned to the user. The Director of Public Works may add
the costs of preparing administrative enforcement actions, such as
notices and orders, to the fine.
