[Ord. 156, 4/26/1994, § 6.2]
1. 
In addition to the other enforcement actions described within the PWTA enforcement response plan (ERP), the PWTA may also seek civil penalties and/or injunctive relief against any user who fails to comply with the requirements of this Part 2F or its wastewater contribution permit.
2. 
Civil penalties vary from $500 up to $25,000 per day per violation, depending on the severity of the violation and other factors. In civil penalty assessment, the PWTA will consider all of the following factors:
A. 
Damage to the PWTA treatment plant or collection system, the environment or collection system personnel resulting from the violation.
B. 
The user's history of past violations.
C. 
The level of cooperation obtained from the user.
D. 
The economic benefit gained by the users as a result of the noncompliance.
E. 
Other relevant factors.
3. 
The general civil assessment policy of the PWTA is given in Table 1 of the PWTA Enforcement Response Plan. All fines were developed in accordance with the Publicly Owned Treatment Works Penalty Law (Pennsylvania Act 9) and will be assessed on a per-day, per-violation basis. The PWTA has the right to increase, reduce or waive the fines in certain circumstances.
4. 
All civil penalties collected pursuant to the PWTA civil penalty assessment policy for the repair of damage and any additional maintenance or other costs resulting from the violation(s) on which the penalty was imposed, to pay any penalties imposed on the PWTA by a state or federal agency as a result of violating any pretreatment standards, for the costs incurred by the PWTA to investigate and initiate enforcement actions against the noncomplying discharge (including legal and engineering fees), for additional monitoring costs associated with the noncomplying user, and for capital improvements to the treatment plant or collection system required by the pretreatment program. Any remaining funds may be used for capital improvements to the treatment plant or collections system not required by the industrial pretreatment program.
5. 
The PWTA ability to seek civil penalties against noncomplying users shall apply to all users of the PWTA wastewater collection and treatment system regardless of political boundary. The civil penalties may be assessed by the PWTA for violations where the PWTA treatment plant is located, where the activity took place, or where the condition exists or the public was affected by the violations.
[Ord. 156, 4/26/1994, § 6.2; as amended by Ord. 264, 8/16/2011]
1. 
The PWTA shall be able to seek injunctive relief for noncompliance by users with pretreatment standards or requirements or related provisions. Injunctive relief is available for violations of pretreatment standards or requirements, any requirement stated in this Part or user permits, including but not limited to:
A. 
A discharge from a user presents an imminent or substantial danger to the environment.
B. 
A discharge from a user causes the PWTA to violate any condition of its NPDES permit, biosolids application standards, or other state or federal requirements.
C. 
A discharge from a user presents an imminent or substantial danger to the PWTA treatment plant, the collection system or the general public.
D. 
The user has shown a lack of ability or intention to comply with a pretreatment standard.
2. 
Injunctive relief may also be issued against a noncomplying user if the court determines that other enforcement actions available to the PWTA would not be adequate to affect prompt correction of the condition or violation. In addition to injunctive relief, the PWTA may also be granted civil penalties by the court pursuant to § 18-251.
3. 
The PWTA's ability to seek injunctive relief against a noncomplying user shall apply to all users regardless of political boundary. The injunctive relief may be sought in the Court of Common Pleas where the PWTA treatment plant is located, where the activity took place, where the condition exists or where the public was affected, and to that end a jurisdiction is hereby conferred in law and equity upon such courts.
[Ord. 156, 4/26/1994, § 6.3]
Any user charged with any civil penalty shall have 30 days to pay the proposed penalty in full, or, if the user wishes to contest wither the amount of the penalty or the fact of the violation, the user must file an appeal of the action to the East Rockhill Township Board of Supervisors within 30 days pursuant to the Local Agency Law, 2 Pa. C.S.A. § 101 et seq.