A. Injunctive Relief. When it finds that an industrial user has violated, or continues to violate, any provision of the pretreatment regulations adopted in Section 13.12.020, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial wastewater discharge permit, order, or other requirement imposed by these pretreatment regulations on activities of an industrial user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the industrial 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 an industrial user.
B. Civil Penalties.
1. An industrial user who has violated, or continues to violate, any provision of these pretreatment regulations, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty not to exceed twenty-five thousand dollars ($25,000) per day per violation. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.
2. The city may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
3. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against an industrial user.
C. Civil/Administrative Fine Pass Through. In the event that an industrial user discharges such pollutants which cause the city to violate any condition of its NPDES permit, and the city is fined by the EPA or the state for such violation, then such industrial user shall be fully liable for the total amount of the fine assessed against the city by the EPA and/or the state.
D. Criminal Penalties.
1. An industrial user that willfully, recklessly or negligently violates any provision of these pretreatment regulations, including making false statements, shall, upon conviction, be guilty of a Class 1 misdemeanor, punishable by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation, and/or by imprisonment up to six months. Each day any violation of these pretreatment regulations occurs shall constitute a separate offense.
2. The city may refer violations that may warrant criminal prosecution to the U.S. Attorney General’s Office, State Attorney General, EPA Criminal Investigation Division or other appropriate agency. This referral shall not preclude the city from taking a parallel administrative or civil enforcement action.
(Ord. 1397.08.26 § 7, 2017)