(A) A user who has violated, or continues to violate, any provision of this chapter, an individual or general wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a civil penalty in an amount not less than $1,000 or greater than $25,000 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.
(B) A user who is named in or directed by an emergency order under § 55.246 and violates the order is liable for an additional civil penalty not to exceed $500 per hour of violation of the emergency order. Such additional civil penalty shall be assessed in an action brought by the Superintendent in any court of competent jurisdiction.
(C) 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 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 user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(E) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 6619, passed 1-28-13)