(A) Any user who has significantly violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the city for a civil penalty of not more than $5,000 per violation per day plus actual damages incurred by the POTW per day for as long as the violation continues. Each day in which such violation shall continue shall be deemed a separate offense. In addition to the above described penalty and damages, the POTW Director/General Manager may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(B) The POTW Director/General Manager may petition the court to impose, assess and recover such sums. In determining 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, 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.
(Ord. 21-03, passed 4-19-2021; Ord. 22-05, passed 3-21-2022)