If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of this subchapter or any order or permit issued hereunder, the city or the Department head, through the City Attorney, may commence an action for appropriate legal or equitable relief, or both, in the Montgomery Circuit Court.
(A) Injunctive relief. Whenever an industrial user has violated or continues to violate the provisions of this subchapter or permit or order issued hereunder, the city or Department Head, thorough counsel may petition the Court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which retrains or compels the activities on the part of the industrial user.
(B) Civil penalties.
(1) A user who has violated, or continues to violate, any provision of this subchapter, an individual 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 of allowed under state law per violation, per day. In the case of a. monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) The POTW 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) 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.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(C) Criminal prosecution.
(1) Violations - generally.
(a) Any industrial user who willfully or negligently violates any provision of this subchapter or any orders or permits issued hereunder shall, upon conviction, by guilty of a misdemeanor, punishable by a fine not to exceed $2,500 per violation per day or imprisonment for not more than one year or both.
(b) In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000 per violation per day or imprisonment for not more than three years or both.
(c) A user who knowingly makes any false statements, representations, or certifications, in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this ordinance, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall, upon conviction, be punished by a fine of not more than $2,500 per violation, per day, or imprisonment for not more than one year or both.
(D) Annual publication of IU’S in significant noncompliance. The city must publish, at least annually in the largest daily newspaper circulated in the service area, a description of those industrial users which are found to be in significant noncompliance with any provisions of this subchapter or any permit or order issued, hereunder during the period since the previous publication.
(E) Legal authority. The remedies provided for in this subchapter are not exclusive. The city, through its Waste Water Department’s Department Head may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the city may take other action against any user when the circumstances warrant. Further, the city is empowered totake more than one enforcement action against any noncompliant user.
(Ord. 4-1999, passed 3-8-99; Am. Ord. 13-2012, passed 8-13-12; Am. Ord. 15-2016, passed 7-11-16)