(A) (1) Any person who violates any provision of this chapter; or who discharges or causes a discharge that produces a deposit or obstruction or otherwise damages or impairs the POTW, or causes or contributes to a violation of any federal, state or local law governing the POTW; or whose discharge (or proposed discharge) to the POTW requires the POTW and/or the local unit to incur any expenses, costs, losses or damages over and above amounts covered by standard fees and charges provided by this chapter, shall be liable to and shall fully reimburse the POTW and/or the local unit, as applicable, for all expenses, costs, losses or damages (direct or indirect) payable or incurred by the POTW and/or the local unit as a result of any such discharge, violation, exceedence or noncompliance. The costs that must be reimbursed to the POTW and/or the local unit shall include, but shall not be limited to, all of the following:
(a) All costs incurred by the POTW and/or the local unit in responding to the violation or discharge, including, expenses for any cleaning, repair or replacement work, and the costs of sampling, monitoring, and treatment, as a result of the discharge, violation, exceedence or noncompliance.
(b) All costs to the POTW and/or the local unit of monitoring, surveillance, and enforcement in connection with investigating, verifying, and prosecuting any discharge, violation, exceedence or noncompliance.
(c) The full amount of any fines, assessments, penalties, and claims, including natural resource damages, levied against the POTW and/or the local unit by any governmental agency or third party as a result of a violation of the POTW's NPDES permit (or other applicable law or regulation) that is caused by or contributed to by any discharge, violation, exceedence or noncompliance.
(d) The full value of any POTW and/or local unit staff time (including any required overtime), consultant and engineering fees, and actual attorney fees and defense costs (including the POTW's attorney, the local unit's attorney, and any special legal counsel), associated with responding to, investigating, verifying, and prosecuting any discharge, violation, exceedence or noncompliance or otherwise enforcing the requirements of this chapter.
(2) Further, the POTW and/or the local unit are authorized to correct any violation of this chapter or damage or impairment to the POTW caused by a discharge and to bill the person causing the violation or discharge for the amounts to be reimbursed. The costs reimbursable under this section shall be in addition to fees, amounts or other costs and expenses required to be paid by users under other applicable regulations and requirements.
(B) In determining the amounts to be reimbursed, the POTW and/or the local unit, as applicable, may consider factors such as, but not limited to, the following:
(1) The volume of the discharge.
(2) The length of time the discharge occurred.
(3) The composition of the discharge.
(4) The nature, extent, and degree of success the POTW and/or the local unit may achieve in minimizing or mitigating the effect of the discharge.
(5) The toxicity, degradability, treatability and dispersal characteristics of the discharges.
(6) The direct and indirect costs incurred by the POTW and/or the local unit, or imposed upon the POTW and/or the local unit to treat the discharges, including sludge handling and disposal costs.
(7) Fines, assessments, levies, charges, expenses and penalties imposed upon and/or incurred by the POTW and/or the local unit, including the costs of defense of actions, or suits brought or threatened against the POTW and/or the local unit by governmental agencies or third parties.
(8) Such other factors, including but not limited to the amount of any attorney's fees, consultant and expert fees, expenses, costs, sampling and analytical fees, and repairs, as the POTW and/or the local unit deem appropriate under the circumstances.
(C) The failure by any person to pay any amounts required to be reimbursed to the POTW and/or the local unit as provided by this section shall constitute an additional violation of this chapter.
(Ord. 185, passed 4- -2006)