(A) A user who has violated, or continues to violate, any provision of this chapter, or order issued hereunder, or any other requirement shall be liable to the city for a fine of at least $1,000 per day, per violation, in accordance with 40 C.F.R. § 403.8(f)(1)(vi)A), but no more than $2,500 per day, per violation for a first violation nor more than $7,500 per day, per violation for subsequent violations, in accordance with I.C. 36-1-3-8(a)(10)(13).
(B) The Superintendent may recover reasonable attorneys' 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.
(C) 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.
(D) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(E) This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(Ord. 2-2007, passed 1-23-2007)