When the Pretreatment Coordinator finds that a user has violated, or continues to violate, any provision of this chapter, an individual or general wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Pretreatment Coordinator, under the direction of the Director of Public Works, may petition the Circuit Court of DuPage County through the Village Attorney for civil penalties as follows:
(A) Any user shall be fined in the amount of not less than $1,000 or more than $1,500 for each violation. Each day a violation exists or continues to exist shall constitute a separate violation. In the case of a monthly or other long-term average discharge limit, each day a violation exists or continues shall constitute a separate violation.
(B) The Pretreatment Coordinator may recover costs, including but not limited to, filing fees, witness fees, attorneys' fees, court costs, and other fees and expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the village.
(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. 2020-06-18, passed 6-15-2020)