The Board of Directors may direct District Counsel or other special counsel to bring such civil actions as may be available at law or in equity in any court of competent jurisdiction to enforce the provisions of this chapter and to recover such charges, fees, penalties and/or damages as may be assessed or may be incurred under the provisions of this chapter.
(A) Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter, the District may petition the Superior Court for issuance of a preliminary of permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.
(B) Civil actions for penalties.
(1) Any user who violates any provision of this chapter, permit condition or permit contract condition, or who violates any cease and desist order, prohibition or effluent limitation, shall be liable civilly for a penalty not to exceed $10 for each day in which such violation occurs pursuant to Cal. Gov’t Code, § 54740. Pursuant to the authority of the Clean Water Act, 33 U.S.C. §§ 1251 et seq., any user committing a violation of any provision of this chapter, which is also a violation of a pretreatment standard, effluent standard or limitation or other applicable provision of the Clean Water Act shall be liable civilly for a sum not to exceed $10 per violation for each day in which such violation occurs.
(2) District Counsel, or other special counsel designated by the Board, upon order of the Board, shall institute such actions as may be appropriate in the appropriate court to impose, assess and recover such sums.
(C) Other civil actions. The District may require compliance with permit conditions or limitations by issuing administrative orders, including cease and desist orders and compliance schedules. Said orders are enforceable in the state court of general jurisdiction. The District, however, may directly undertake any court action available at law or equity, including, but not limited to, a civil action for penalties without first seeking an administrative order or making use of a compliance schedule, and it may concurrently undertake such administrative and court actions as deemed appropriate.
(Ord. 2022-02, passed 3-31-2022)