If any person or entity violates any provision of Title II-Water System, Title III-Sewers or Title IV-Discharge Permits, or discharges sewage, industrial wastes, or other wastes into the public sewer system contrary to any of the provisions of these Regulations or any order or permit issued hereunder, the CUE may commence an action against such person or entity for appropriate legal and/or equitable relief in the Common Pleas Court for Lorain County.
Whenever a person or entity violates any provision of Title II-Water System, Title III-Sewers or Title IV-Discharge Permits, or violates or continues to violate any of the provisions of these Regulations or any permit or order issued hereunder, the CUE may petition the Court for the issuance of a preliminary or permanent injunction or both, as may be permitted by the Ohio Revised Code, which restrains or compels the activities on the part of the person or entity.
1. Any person or entity violates any provision of Title II-Water System, Title III-Sewers or Title IV-Discharge Permits, or violates or continues to violate any of the provisions of these Regulations or any order or permit issued hereunder, shall be liable to Avon Lake Regional Water for a civil penalty of not more than one thousand dollars ($1,000.00) per violation, to be assessed by the CUE, plus actual damages incurred by Avon Lake Regional Water, for as long as the violation continues. In addition to the above described penalty and damages, Avon Lake Regional Water may recover attorney’s fees, court costs, and all other expenses associated with all such enforcement activities, including sampling and monitoring expenses.
2. Avon Lake Regional Water shall take all action necessary to recover all such penalties, damages, fees, and costs. In determining the amount of the penalty to be assessed and damages to be recovered, Avon Lake Regional Water 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 violation, corrective actions by the person or entity, the compliance history of the person or entity, and any other factor as justice requires.
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