[Ord. 261, 8/17/2012; as amended by Ord. 277, 12/8/2015]
1. A surcharge equal to three times the sewer rate, as identified in Part
3 of this chapter, is hereby imposed and added to every sewer billing to property owners who are not in compliance with this Part, 30 days after non-compliance is identified. The surcharge shall be added every month until the property is in compliance. The Township Supervisors may grant waivers from the surcharges where strict enforcement may cause undue hardship unique to the property or where the property owner was scheduled for disconnection but cannot do so due to circumstances, such as availability of the plumber or inclement weather.
2. Any action to enforce the penalty provisions of this Part shall not
be a bar to enforcement of this Part or § 5 of the rules
and regulations of the Williamsport Sanitary Authority, or any notices,
orders or permits issued by the Williamsport Sanitary Authority, by
injunction or other appropriate remedy. The Williamsport Sanitary
Authority shall have the power to initiate and pursue all administrative
enforcement remedies under § 5 of its rules and regulations
pertaining to noncompliance with such rules and regulations, including
civil penalties as provided for by the Pennsylvania Publicly Owned
Treatment Works Penalty Law, 35 P.S. § 752.1 et seq., and
Williamsport Sanitary Authority Board Resolution and Policy adopted
pursuant to that Act on December 12, 1992.
3. The Township may, as authorized by law, initiate civil enforcement
proceedings against any person, firm or corporation who violates any
provision of this Part. The Township shall prescribe a civil penalty
of not more than $600 per violation, plus costs, or other maximum
as established by law. 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 violation. In any case where a penalty
for a violation has not been timely paid and the person upon whom
the penalty was imposed is found to have been liable therefor in civil
proceedings, the violator shall be liable for the penalty imposed,
including additional daily penalties for continuing violations, plus
court costs and reasonable attorney fees incurred by the Township
in the enforcement proceedings.