(A) Injunctive relief. When the Board finds that a user has violated, or continues to violate, any provision of this subchapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Board may petition the Superior and Circuit Court through the City's 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 subchapter on activities of the user. The Board 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 subchapter, a 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 $2,500 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 Board 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) Remedies nonexclusive. The remedies provided for in this subchapter are not exclusive. The Board 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 Board may take other action against any user when the circumstances warrant. Further, the Board is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 35-C-92, passed 11-10-92; Am. Ord. 23-C-17, passed 11-28-17)