[Ord. 3514 § 1, 1998; Ord. 3698 § 1(11.1), 2012]
When the owner finds that a user has violated, or continues to violate, any provision of this article, 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 article 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. 3514 § 1, 1998; Ord. 3698 § 1(11.2), 2012]
(A) 
An industrial user who has violated, or continues to violate, any provision of this article, 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.
(B) 
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.
(C) 
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.
(D) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
[Ord. 3514 § 1, 1998; Ord. 3698 § 1(11.3), 2012]
Any person who willfully violates a provision of this article 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 article violated shall also constitute a separate offense.
[Ord. 3514 § 1, 1998; Ord. 3698 § 1(11.4), 2012]
The remedies provided for in this article 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.