(A) Injunctive relief. When the Control Authority finds that a user has violated (or continues to violate) any provision of this subchapter, a discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Control Authority may petition the appropriate court through the Control Authority’s attorney for the issuance of a temporary, or permanent, injunction, as appropriate, which restrains, or compels, the specific performance of the discharge permit, order, or other requirement imposed by this subchapter on activities of the user. The Control Authority may also seek such other action as is appropriate for legal, and/or equitable, relief, including a requirement for the 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 a user.
(B) Civil penalties.
(1) 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 violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(2) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(C) Cost recovery. The Control Authority may recover reasonable attorney’s fees, court costs, and other expenses associated with enforcement activities, including sampling, and monitoring, expenses, and the cost of any actual damages, or fines, incurred by the Control Authority.
(D) Remedies nonexclusive. The remedies provided for in this subchapter are not exclusive. The Control Authority may take any, all, or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the Control Authority’s enforcement response plan. However, the Control Authority may take other action against any user, including, but not limited to, misdemeanor and felony fines, and imprisonment when the circumstances warrant.
(E) Right of revision. The city reserves the right to establish, by ordinance or in discharge permits, more stringent standards, or requirements, on discharges to the POTW.
(Prior Code, § 10.04.19) (Ord. 2007-17, passed - -)