(A) A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit or an order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the town for a civil penalty. 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.
(B) The Superintendent may recover reasonable attorney 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 town.
(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.
(Ord. 7-2010, passed 11-22-2010)