(a) Any person who discharges to the POTW, including, but not limited to, any person who causes or creates a discharge that violates any provision of this chapter, produces a deposit or obstruction, or otherwise damages, injures, or impairs the POTW, or causes or contributes to a violation of any federal, state or local law governing the POTW, whether any such act is intentional or unintentional, shall be liable to and shall fully reimburse the POTW for all expenses, costs, losses or damages (direct or indirect) payable or incurred by the POTW as a result of any such discharge, deposit, obstruction, damage, injury, impairment, violation, exceedence, noncompliance, or act. The costs that must be reimbursed to the POTW shall include, but shall not be limited to, all of the following:
(1) All costs incurred by the POTW in responding to the violation or discharge, including, expenses for any cleaning, repair or replacement work, and the costs of sampling, monitoring, and treatment, as a result of the discharge, violation, or noncompliance.
(2) All costs to the POTW of monitoring, surveillance, and enforcement in connection with investigating, verifying, and prosecuting any discharge, violation, or noncompliance.
(3) The full amount of any fines, assessments, penalties, and claims, including natural resource damages, levied against the POTW, or any POTW representative, by any governmental agency or third party as a result of a violation of the POTW’s NPDES permit (or other applicable law or regulation) that is caused by or contributed to by any discharge, violation, or noncompliance.
(4) The full value of any POTW staff time (including any administrative and overhead costs and any required overtime), consultant and engineering fees, and actual attorney fees and defense costs (including the POTW’s legal counsel and any special legal counsel), associated with responding to, investigating, verifying, and prosecuting any discharge, violation, or noncompliance or otherwise incurred by the POTW in administering and enforcing the requirements of this chapter.
(b) Further, the POTW is authorized to correct any violation of this chapter or damage or impairment to the POTW caused by a discharge and to bill the person causing the violation or discharge for the amounts to be reimbursed. The costs reimbursable under this section shall be in addition to fees, amounts or other costs and expenses required to be paid by users under other sections of this chapter.
(c) In determining the amounts to be reimbursed, the POTW may consider factors such as, but not limited to, the following:
(1) The volume of the discharge.
(2) The length of time the discharge occurred.
(3) The composition of the discharge.
(4) The nature, extent, and degree of success the POTW may achieve in minimizing or mitigating the effect of the discharge.
(5) The toxicity, degradability, treatability and dispersal characteristics of the discharges.
(6) The direct and indirect costs incurred by the POTW, or imposed upon the POTW to treat the discharges, including sludge handling and disposal costs.
(7) Fines, assessments, levies, charges, expenses and penalties imposed upon and/or incurred by the POTW, including the POTW’s costs of defense of actions, or suits brought or threatened against the POTW by governmental agencies or third parties.
(8) Such other factors, including the amount of any attorney’s fees, consultant and expert fees, expenses, costs, sampling and analytical fees, repairs, etc., as the POTW deems appropriate under the circumstances.
(d) Costs to be reimbursed to the POTW as provided by this section may be assessed to the user as provided by Section 1044.104, or as otherwise determined appropriate by the POTW Manager in conjunction with an enforcement action.
(e) The failure by any person to pay any amounts required to be reimbursed to the POTW as provided by this section shall constitute an additional violation of this chapter.
(Ord. 2009-02. Passed 5-11-09.)