(A) Injunctive relief. When the Superintendent finds, that a user has violated, or continues to violate, any provision of this chapter or an order issued hereunder, or any other pretreatment standard or admissibility requirements, the Superintendent may petition Steuben County Court or another court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the provisions of this chapter or order issued hereunder on activities of the user. The town 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) A user who has violated, or continues to violate, any provision of this chapter or order issued hereunder, or any other pretreatment standard or admissibility requirements, shall be liable to the town for a maximum civil penalty of $2,500.00 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 town 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 penalty, 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.
(Ord. 2012-02, passed 3-20-2012)