[Ord. 2012-02, 7/5/2012, § 11.1]
When the owner 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 owner may petition the Court of Common Pleas of Crawford County,
Pennsylvania through the owner'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 owner 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. 2012-02, 7/5/2012, § 11.2]
1.
An industrial 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 owner for a maximum civil penalty of not more than
$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.
2.
In addition to the civil penalties provided herein, the owner may
recover interest, reasonable attorneys' fees, expert witness
fees, court costs, court reporter fees, and other expenses associated
with enforcement and/or litigation activities, including sampling
and monitoring expenses, and the cost of any actual damages incurred
by the owner.
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. 2012-02, 7/5/2012, § 11.3]
Any person who violates a provision of this Part or who fails
or refuses to comply with any notice or order of the owner or any
other authorized representative of the owner, shall be guilty of a
summary offense and, upon conviction, shall pay a fine not to exceed
$1,000 per violation, plus costs of prosecution, including court costs
and reasonable attorneys fees incurred by the owner in the enforcement
proceedings. In default of such payment, such person shall be imprisoned
for a period not to exceed 90 days. Each day or portion thereof that
a violation is found to exist shall constitute a separate offense.
Each section of this Part violated shall also constitute a separate
offense.
[Ord. 2012-02, 7/5/2012, § 11.4]
The remedies provided for in this Part are not exclusive. The
owner 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 owner's enforcement response plan.
However, the owner may take other action against any user when the
circumstances warrant. Further, the owner is empowered to take more
than one enforcement action against any noncompliant user.
