(A) Injunctive relief. When the Wastewater Superintendent finds that a user 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, the Wastewater Superintendent may petition through any court of general jurisdiction within the county, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or complies the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Wastewater Superintendent 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.
(B) Civil penalties. In addition to the administrative fines available herein, 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 also be liable to the city for a maximum civil penalty of $1,000 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.
(C) Recovery of fees. The Wastewater Superintendent may recover reasonable attorney’s 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.
(D) Determining civil liability. 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.
(E) Other action. Filing a suit for civil penalties shall not be a bar against, or a prerequisite, for taking any other action against a user.
(Ord. 2009-02, passed 5-12-2009)