(a) Injunctive Relief. When the Utility Manager finds that a User has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Utility Manager may petition the Circuit Court of Marion County, West Virginia through the City's or Sanitary Board's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this article on activities of the User. The Utility Manager 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.
(b) Civil Penalties.
(1) A User who has violated, or continues to violate, any provision of this article, 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 one thousand dollars ($1,000) 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 Utility Manager 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) A User who willfully or negligently violates any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall, be guilty of a misdemeanor, punishable by a fine of not of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) per day of violation or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.
(2) A User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, be guilty of a misdemeanor, punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than twenty-five thousand dollars ($25,000) per day of violation or by imprisonment in jail not exceeding one year, or by both such fine and imprisonment. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
(3) 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 article, 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 article shall be guilty of a misdemeanor punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment in jail not exceeding six months, or by both such fine and imprisonment.
(d) Remedies Non-cumulative and Nonexclusive. The remedies provided for in this Article are not exclusive. The Utility Manager 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 Utility Manager may take other action against any User when the circumstances warrant. Further, the Utility Manager is empowered to take more than one enforcement action against any noncompliant User. Use of any one particular remedy shall not be a bar against, or a prerequisite for, taking any other action or utilizing any other remedy against any User which may otherwise be available.
(Ord. 1509. Passed 11-23-10.)