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(A) Any user who has significantly violated or continued to violate these regulations or any order permit issued hereunder, may be liable to the Director of Engineering and Utilities for a civil penalty of not more than $10,000 per day plus actual damages incurred by the POTW per violation per day for as long as the violation continues. Each day in which such violation shall continue shall be deemed separate offense. In addition to the above described penalty and damages, the city may recover reasonable attorney’s fees, court costs, court reporter’s fees, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(B) The city may petition the court to impose, assess and recover such sums. In determining amount of 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, 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.
(C) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User.
(Ord. 62-2012, passed 8-16-12)