[Ord. No. 227, 9/5/2006]
When the Township 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 Township may petition the Berks County Court through the Township'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 requirements imposed by this Part on activities of the user. The Township 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. No. 227, 9/5/2006]
(a) 
An industrial user who willfully or negligently violates any pretreatment standards and/or requirements may be assessed a civil penalty by the Township in an amount not to exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate and distinct offense under this section.
(b) 
For purposes of this section, a single operational upset which leads to simultaneous violations of more than one pretreatment standard or requirement shall be treated as a single violation as required by the Federal Water Pollution Control Act.
(c) 
In addition to the civil penalty, the Township may recover the costs for re-establishing the operation of the POTW.
(d) 
The Township shall include as part of the notice of an assessment of civil penalties a description of the appeals process to be followed, including the name, address, and telephone number of the person responsible for accepting such appeal.
(e) 
The Township may publicly adopt a formal, written civil penalty assessment policy and make it publicly available. Each industrial discharger with an industrial waste discharge permit shall be given written notice of the policy. In developing the penalty assessment policy, the POTW shall consider damage to air, water, land, or other natural resources of this Commonwealth and their uses; cost of restoration and abatement; savings resulting to the person in consequence of the violation; history of past violations; deterrence of future violations; and other relevant factors.
(f) 
Civil penalties collected pursuant to this act shall be placed in a restricted account and shall only be used by the POTW for the repair of damage and any additional maintenance needed or any additional costs imposed as a result of the violation for which the penalty was imposed, to pay any penalties imposed on the POTW by the federal or state government for violation of pretreatment standards, for the costs incurred by the POTW to investigate and take the enforcement action that resulted in a penalty being imposed, for the monitoring of discharges in the pretreatment program and for capital improvements to the treatment works, including sewage collection lines, which may be required by the pretreatment program. Any remaining funds may be used for capital improvements to the treatment works, including collection lines.
(g) 
The industrial user charged with the penalty shall have 30 days to pay the proposed penalty in full or, if the industrial user wishes to contest either the amount of the penalty or the fact of the violation, the industrial user must file an appeal within 30 days pursuant to 2 Pa.C.S.A. (relating to administrative law and procedure). Failure to appeal within this period shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. In the event of an appeal, the Township shall conduct a hearing and decide the appeal as provided by administrative law and procedure. In the event, after hearing and decision, the industrial user wishes to make a further appeal, it may do so by filing an appropriate appeal to the Court of Common Pleas of Berks County within 30 days of the final order of the Township.
[Ord. No. 227, 9/5/2006]
(a) 
A user who 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 summary offense and be subject to a fine of not more than $1,000 per violation, per day.
(b) 
A user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a summary offense and be subject to a fine not more than $1,000. This fine shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c) 
A user who knowingly made 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 permit, or order issued hereunder, or who falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this Part shall, upon summary conviction, be punished by a fine of not more than $1,000 per violation per day.
[Ord. No. 227, 9/5/2006]
The remedies provided for in this Part are not exclusive. The Township may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with this Part unless the Township chooses to develop and adopt an enforcement response plan. However, the Township may take other action against any user when the circumstances warrant. Further, the Township is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.