(1) Injunctive Relief: When the Public Works Director finds that a user has violated (or continues to violate) any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may petition the district court of the third judicial district in and for the County of Canyon, State of Idaho, through the City's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The Public Works Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(2) Civil Penalties:
A. A user who has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City of Caldwell for a maximum civil penalty of one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.
B. The Public Works Director may recover reasonable attorney fees, court costs, and all other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any and all actual damages incurred by the City (including damages to treatment works, collection system, fines arising from pass-through interference or any other resulting harm to the City's treatment works, or public works infrastructure; also including restorative costs for damages to any public or private property, injuries or damages to life or limb of any City Employee or private individual arising from a violation of this article).
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, 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.
(3) Criminal Prosecution:
A. A user who willfully or negligently violates any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than six (6) months, or both.
B. A user/domestic user who has willfully or negligently introduced any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to fine and/or imprisonment up to, but not exceeding, the maximum penalties set forth in Idaho Code section 50-302, as amended. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
C. A user/domestic user who has knowingly made any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, wastewater discharge permit, or order issued hereunder, or who falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by fine and/or imprisonment up to, but not exceeding, the maximum penalties set forth in Idaho Code section 50-302, as amended.
(4) Remedies Nonexclusive: The provisions in sections 04-07-29 through 04-07-35 of this article are not exclusive remedies. The authority reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the enforcement response plan. However, the authority reserves the right to take other action against any user when the circumstances warrant. Further, the authority is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. (Ord. 1997, 9-7-1993, eff. 10-1-1993; Ord. 2751, 6-16-2008; Ord. 3364, 8-16-2021)