(A) Any industrial user who willfully or negligently violates any provision of this chapter, or any order of the Superintendent of Utilities made pursuant to this chapter, shall, upon conviction, be fined an amount not exceeding $1,000 per day. Each day or portion thereof during which such a violation occurs shall be considered a separate offense.
(B) Any industrial user who has violated or continues to violate this chapter, or any order or permit issued thereunder, shall be liable for a civil penalty of not more than $1,000, plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the authority may recover reasonable attorney’s fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(C) The authority shall petition the court to impose, assess, and recover such sums as provided in this section. In determining the 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 of the violation, any economic benefit gained through the industrial user’s violation, corrective actions by the industrial user, the compliance history of the user and any other factor as justice requires.
(Prior Code, § 1054.99) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)