(A) Injunctive relief. When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Superintendent may petition the Hancock County Circuit Court through the Town Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on the activities of the user. The Superintendent also may seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user 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 user.
(B) Civil penalties.
(1) A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement shall be liable to the town for a maximum civil penalty of $2,500 per violation, per day. In the case of a monthly or other long-term average discharge limit violation, penalties shall accrue for each day during the period of the violation.
(2) The Superintendent 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 town.
(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 taken 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) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive. The Superintendent and the Council may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations generally will be in accordance with the town’s enforcement response plan. However, the Superintendent and the Council may take other action against any user when the circumstances warrant. Further, the Superintendent and the Council are empowered to take more than one enforcement action against any noncompliant user.
(Ord. 2000-11B, passed 11-28-00)