If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of this article or any other permit or order issued hereunder, the director, through the village attorney, may commence an action for appropriate legal and/or other equitable relief in the circuit court of Lake County.
A. Injunctive Relief: Whenever an industrial user has violated or continues to violate the provisions of this article, its wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director, through counsel may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The director 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. 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. Any industrial user who has violated or continues to violate the pretreatment ordinance or its wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the village for a civil penalty at the discretion of the director, in the amount of one thousand dollars ($1,000.00) plus actual damages incurred by the village per violation per day for as long as the violation continues. 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. In addition to the above described penalty, the village may also recover reasonable attorney fees, court costs, and any other applicable expenses associated with the enforcement activities including sampling, monitoring and inspections.
2. The director shall petition the court to impose, assess, and recover such sums. In determining amount of 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, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.
3. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015; Ord. 2011-18, 6-28-2011; Ord. 2021-08, 4-27-2021)