(A) Injunctive relief. When the city finds that a person has violated, or continues to violate, any provision of this chapter, an NPSES permit, or order issued hereunder, or any other standard or requirement, the city may petition through any court of general jurisdiction within Huntington County for the issuance of a temporary or permanent injunction. The city may also take such other action as is appropriate for legal and/or equitable relief, including environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a person.
(B) Civil penalties. A person who has violated, or continues to violate, any provision, or order issued pursuant to the provisions, of this chapter, shall also be liable to the city for a total maximum civil penalty and administrative fines of up to $1,000 per violation, per day. Penalties and fines shall accrue for each day during the period of the violation.
(C) The city may recover reasonable attorney's 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.
(D) 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 person's violation, corrective actions by the person, the compliance history of the person, and any other factor as justice requires.
(E) Pursuit of civil penalties shall not be a bar against, or a prerequisite, for taking any other action against a person.
(Ord. 19-C-05, passed 11-29-05)