928.28 JUDICIAL PROCEEDINGS.

   The City may commence an action for appropriate legal and/or equitable relief in the appropriate courts with respect to the conduct of a discharger contrary to the provisions of this chapter.

    (a)    Injunctive Relief. Whenever an industrial user has violated or continues to violate any provision of this chapter, its industrial discharge permit, or any order of the City or court of competent jurisdiction, the City may petition the Court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) to restrain or compel activities on the part of the industrial user.

   (b)    Civil Penalties. Any discharger who is found to have violated any provision of this chapter, their industrial discharge permit, or any order of the City or court of competent jurisdiction shall be subject to the imposition of a civil penalty of up to one thousand dollars ($1,000) per violation. Each day on which a violation occurs or continues shall be deemed a separate and distinct violation. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the discharger.

    (c)    Criminal Penalties. Any person, or persons which intentionally or willfully violate any provision of this chapter, their industrial discharge permit, or any order of the City or court of competent jurisdiction or any person or persons that allow a violation to continue after becoming aware of said violation shall be punishable, upon conviction, by a criminal penalty of up to one thousand dollars ($1,000) per day per violation and not more than six (6) months in jail.

    (d)    Falsifying Information. Any person or persons who knowingly make any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, any industrial discharge permit, or any order of the City or court of competent jurisdiction, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method, shall be punishable, upon conviction, by a criminal penalty of up to one thousand dollars ($1,000) per day per violation and not more than six (6) months in jail.

      (Ord. 34-95. Passed 6-19-95.)