In addition to other penalties imposed or remedies available for violations of the provisions of this chapter, any user or discharger who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the POTW shall be liable to the town for any one or more of the following which may be billed to the discharger by the town in its ordinary course of business and which shall be paid to the town within 30 days of the billing:
(A) Any and all costs incurred by the town for such things which include, but are not limited to, monitoring, metering, inspections, cleaning, repair, replacement or testing caused by the violation or discharge;
(B) Any and all expenses, loss, damage, or costs and expenses incurred by the town, including, but not limited to, attorney fees, engineering fees, and other expert and consulting fees caused by the violation or discharge; and
(C) Any and all other consequential damages, foreseen or otherwise, to the town, including, but not limited to, fines, penalties, damages and costs of injunctive relief that are incurred by the town, including the costs and expenses of legal proceedings and/or litigation, including, but not limited to, attorney fees, engineering fees, and other expert or consulting fees, incurred in the town’s defense against claims for such consequential damages.
(D) Any user or discharger which has violated or continues to violate any provision of this chapter, order issued hereunder, or any other requirement shall be liable to the town for a maximum civil penalty of $2,500 per violation, per day.
(E) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.
(Ord. 2008-2, passed 3-17-08)