(A) A user who has violated or continues to violate any provisions of this chapter, a wastewater discharge permit, or an order issued hereunder shall be liable to the town for a penalty of $2,500 per day per violation for a first violation and $7,500 per day per violation for subsequent violations. A new and separate violation shall be deemed to exist for each day on which a vocative act or condition continue. If a monthly or other long-term average discharge limit is exceeded, the town shall allege a violation and seek penalties for each day during the averaging period for the exceedance.
(B) Notwithstanding the provisions of division (A), any person who violates § 51.002(B) shall be liable to the town for a civil penalty as follows:
(1) For an initial violation, the following penalties apply:
(a) No civil penalty if the person complies with § 51.002(B) within 14 days after receipt of notice of noncompliance from the town;
(b) A civil penalty of $500 if the person complies with § 51.002(B) within 30 days after receipt of notice of noncompliance from the town; or
(c) A civil penalty of $1,500 if the person has not complied within 30 days after receipt of notice of noncompliance from the town.
(2) For any subsequent violation by a person of § 51.002(B), the penalties shall be:
(a) A civil penalty of $750 if the person complies with § 51.002(B) within 30 days after receipt of notice of noncompliance from the town; or
(b) A civil penalty of $1,500 if the person has not complied within 30 days after receipt of notice of noncompliance from the town.
(C) Unpaid charges, fines, and penalties shall, after 45 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1½ % per month. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.
(D) The civil penalties prescribed in divisions (B)(1) or (B)(2) above may be collected in an action brought by the town under I.C. 36-1-6-3 to enforce this chapter. The Superintendent may initiate an action on behalf of the town with respect to any alleged violation under the authority of this section. In this action, the town may seek to recover court costs and, where provided by law, reasonable attorneys’ fees and other expenses associated with the enforcement action.
(E) 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 may require.
(F) Filing an action for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(G) Any person or industrial user violating any provisions of this chapter shall become liable to the town for any and all expenses, losses, fines, penalties, or damages incurred by the town.
(2011 Code, § 51.99) (Ord. 2000-6, passed 7-3-2000; Ord. 2009-03, passed 10-19-2009)