[Amended 2-12-2018 by Ord. No. 18-1]
When the Director of Public Works finds that a user has violated,
or continues to violate, any provision of this Part 3, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Director of Public Works may petition
the Lehigh County Court of Common Pleas for the issuance of a restraining
order, 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 3 on activities of
the user. The Director of Public Works 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.
[Amended 1-11-2010 by Ord. No. 10-3]
In addition to all other enforcement remedies provided in this
Part 3, 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 Part 3 or applicable
law. The Township Director or Manager of Water Resources 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 damage incurred by the Township. Filing
suit for civil penalties shall not be a bar against or a prerequisite
for taking any other action against a user.
[Amended 1-11-2010 by Ord. No. 10-3; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A. Any user who willfully or negligently violates any provision of this Part
3, a wastewater discharge permit or order issued under this Part
3, or any other pretreatment standard or requirement shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Part
3 that is violated shall also constitute a separate offense.
B. Introduction of substances which cause personal injury or property damage. Any person who willfully or negligently introduces any substance into the sewer system or the POTW which causes personal injury or property damage shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Part
3 that is violated shall also constitute a separate offense.
C. Falsifications. Any 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 Part
3, or a wastewater discharge permit or order issued under this Part
3, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Part
3 shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Part
3 that is violated shall also constitute a separate offense.
D. In the event of a second violation, a user shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Part
3 that is violated shall also constitute a separate offense.
[Amended 1-11-2010 by Ord. No. 10-3]
The remedies provided for in this Part 3 are not exclusive.
The Township, the Township's enforcement official or agent, or the
Manager of Water Resources may take any, all or any combination of
these activities against a noncompliant person. Further, the Manager
of Water Resources or the Township is empowered to take more than
one enforcement action against any noncompliant user.