[Ord. 95-07-02, 7/10/1995, § 11-11.1]
When the CNBTJSA 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 CNBTJSA may petition the Court of Common Pleas of Buck County
through the CNBTJSA's Attorney 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 CNBTJSA 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.
[Ord. 95-07-02, 7/10/1995, § 11-11.2]
1.
A user who 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 shall be liable
to the CNBTJSA for a maximum civil penalty of $10,000 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.
2.
The CNBTJSA may recover reasonable attorney's 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 CNBTJSA.
3.
In determining the amount of civil liability, the court shall take
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.
4.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
[Ord. 95-07-02, 7/10/1995, § 11-11.3]
1.
A user who willfully or negligently violates any provision of this
Part, a wastewater discharge permit or order issued hereunder or any
other pretreatment standard or requirement shall, upon conviction,
be guilty of a misdemeanor, punishable by a fine of not more than
$10,000 per violation, per day or imprisonment for not more than one
year or both.
2.
A user who willfully or negligently introduces any substance into
the POTW which causes personal injury or property damage shall, upon
conviction, be guilty of a misdemeanor and be subject to a penalty
of at least $10,000 or be subject to imprisonment for not more than
one year, or both. This penalty shall be in addition to any other
cause of action for personal injury or property damage available under
state law.
3.
A user who knowingly makes any false statements, representations
or certifications in any application, record, report, plan or other
documentation filed or required to be maintained, pursuant to this
Part, wastewater discharge permits or order issued hereunder or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this Part shall, upon conviction,
be punished by a fine of not more than $10,000 per violation, per
day or imprisonment for not more than one year, or both.
4.
In the event of a second conviction, a user shall be punished by
a fine of not more than $10,000 per violation, per day or imprisonment
for not more than one year, or both.
[Ord. 95-07-02, 7/10/1995, § 11-11.4]
The remedies provided for in this Part are not exclusive. The
CNBTJSA 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 CNBTJSA enforcement response plan. However,
the CNBTJSA may take other actions against any user when the circumstances
warrant. Further, the CNBTJSA is empowered to take more than one enforcement
action against any noncompliant user.
