[Ord. 486, 3/21/2002, § 11.1]
When MACM 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,
MACM may petition the Court of Common Pleas of Allegheny County through
MACM'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. MACM 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 the user.
[Ord. 486, 3/21/2002, § 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 MACM for a maximum civil penalty not to exceed $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 violation.
2.
MACM 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 MACM.
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 the user.
[Ord. 486, 3/21/2002, § 11.3; as amended by A.O.]
1.
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,
or pretreatment permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
2.
Each occurrence shall be a separate offense. This section shall not
preclude prosecution under the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101
et seq.
[Ord. 486, 3/21/2002, § 11.4]
The remedies provided for in this Part are not exclusive. MACM
may take any, all, or any combination of these actions against a noncompliant
user. Enforcement of pretreatment violations will generally be in
accordance with MACM's enforcement response plan. However, MACM may
take other action against any user when the circumstances warrant.
Further, MACM is empowered to take more than one enforcement action
against any noncompliant user.
