(A) Injunctive relief.
(1) When the town finds that a user or customer has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the town may petition the Maricopa County Superior Court (through the Town Attorney) 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 this chapter on activities of the user or customer.
(2) The town may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user or customer to conduct environmental remediation.
(3) A petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against a user or customer.
(B) Civil penalties.
(1) A user or customer which has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the town for a maximum civil penalty$2,500 per violation, per day.
(2) In addition to the above civil penalty, the town may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and at the cost of any actual damages or fines incurred by the town.
(3) 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 or customer's violation, corrective actions taken by the user or customer, the compliance history of the user or customer, and any other factor as justice requires.
(4) Filing a suit for civil penalties shall not be a bar against or a prerequisite for taking any other action against the user or customer.
(C) Criminal prosecution.
(1) Except for failing to pay user fees and charges, users or customers that willfully or negligently violate any provision of this chapter, an industrial wastewater permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a Class 1 misdemeanor, punishable by a fine of not more than$2,500 per violation, per day, or imprisonment for not more than six months, or both.
(2) A user or customer which has willfully or negligently introduced any substance into the wastewater system which causes personal injury or property damage shall, upon conviction, be guilty of a Class 1 misdemeanor, punishable by a fine of not more that $2,500 and/or imprisonment for six months. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. Furthermore, nothing herein shall preclude the town from submitting such violations to the County Attorney or other legal officer for prosecution of other state or federal violations.
(3) A user or customer that knowingly makes any false statements, representations, or certifications in application, record, report, plan, or other documentation filed or required to be maintained pursuant to this chapter, an industrial wastewater discharge permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punishable by a fine of not more than$2,500. or imprisonment for not more than six months, or both.
(D) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive. The town may take any, all, or any combination of these actions against a noncompliant user or customer. Enforcement of pretreatment violations will generally be in accordance with the town's enforcement response plan. However, the town may take other action against any user or customer when the circumstances warrant.
(Ord. 99-04, passed 2-16-99)