[Ord. No. 2020-04, 10/1/2020]
1. In General. When the Township's enforcement official or agent or
the Director of Public Works finds that a user has violated, or continues
to violate, any provision of this chapter, a wastewater discharge
permit or order issued under this chapter, or any other pretreatment
standard or requirement, the enforcement official or agent, or the
Director of Public Works, may petition the Lehigh County Court of
Common Pleas for the issuance of a temporary or permanent injunction,
as appropriate, which restrains the violation and/or compels the specific
performance of the wastewater discharge permit, order or other requirement
imposed by this chapter on the activities of the user. The petitioner
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.
2. Solicitor. Township officers or employees shall utilize the Township Solicitor in taking any action under Subsection
1.
3. Injunctive Relief Not Required. Petitioning for injunctive relief
under this section shall not be a bar against, or a prerequisite for,
the Township or the City taking any other action against the user.
[Ord. No. 2020-04, 10/1/2020]
1. A user who has violated, or continues to violate, any provision of
this chapter, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall be liable
to the City for a maximum civil penalty of $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. The Director of Public Works may recover reasonable attorneys' 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 City.
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. In addition to all other enforcement remedies provided in this chapter,
the Township may file an action in a court of competent jurisdiction
against any person for any and all costs, expenses, damages, and penalties
for which the person may be liable under this chapter or applicable
law. The Township may recover reasonable attorneys' 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 Township. Filing a suit for civil penalties shall
not be a bar against, or a prerequisite for, taking any other action
against a user.
[Ord. No. 2020-04, 10/1/2020]
1. Industrial Violators. A person who willfully or negligently violates
any provision of this chapter, a wastewater discharge permit, or order
issued under this chapter, or any other pretreatment standard or requirement,
shall, upon conviction, be guilty of a summary offense, punishable
by a fine of not more than $1,000 per violation, per day, or imprisonment
for not more than 90 days, or both.
2. Introduction of Substances Which Cause Personal Injury or Property
Damage. A person who willfully or negligently introduces any substance
into the sewerage system 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 $1,000, or be subject to imprisonment for
not more than 90 days, or both. This penalty shall be in addition
to any other cause of action for personal injury or property damage
available under applicable law.
3. Falsifications. A person 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 chapter, or a wastewater discharge permit, or order issued
under this chapter, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this chapter,
shall, upon conviction, be punished by a fine of not more than $1,000
per violation, per day, or, in default thereof, by imprisonment for
not more than 90 days, or both.
4. Additional Convictions. In the event of a second conviction, a person
shall be punished by a fine of not more than $1,000 per violation,
per day, or imprisonment for not more than one year, or both.
[Ord. No. 2020-04, 10/1/2020]
The remedies provided for in this chapter are not exclusive.
The Township, the Township's enforcement official or agent, or the
Director of Public Works may take any, all, or any combination of
these actions against a noncompliant person.