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(A) Injunctive relief. When the city finds that a person has violated, or continues to violate, any provision of this chapter, an NPDES permit, or order issued hereunder, or any other standard or requirement, the city may petition through any court of general jurisdiction within Whitley County, for the issuance of a temporary or permanent injunction. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the person 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 person.
(B) Civil penalties. In addition to the administrative fines available herein, a person who has violated, or continues to violate, any provision of this chapter, or order issued hereunder, or any other standard or requirement shall also be liable to the city for total civil penalty fines of $2,500 per violation, per day. Penalties and fines shall accrue for each day during the period of the violation.
(C) The city 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 incurred by the city.
(D) 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 person's violation, corrective actions by the person, the compliance history of the person, and any other factor as justice requires.
(E) Filing a suit for civil penalties shall not be a bar against or a prerequisite for taking any other action against a person.
(Ord. 2005-30, passed 8-23-2005)