(A) Injunctive relief. When the Wastewater Operations Manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Operations Manager may petition the appropriate court through the utility'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 chapter on activities of the user. The Wastewater Operations Manager 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 fines.
(1) A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the utility for a maximum civil fines per violation, per day in accordance with I.C. 36-1-6-4 or as may be recodified. 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 Wastewater Operations Manager 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 utility.
(3) In determining the amount of civil liability, the court shall consider 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 fines shall not be a bar against, or a prerequisite for, taking any other action against a user.
(C) Criminal prosecution.
(1) A user who willfully or recklessly violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement may be punished by a fine and/or criminal prosecution as applicable.
(2) A user who willfully or recklessly introduces any substance into the sewage works which causes personal injury or property damage may be punished by a fine and/or criminal prosecution as applicable.
(3) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter may be punished by a fine and/or criminal prosecution as applicable.
(D) Remedies nonexclusive. The remedies provided for in this subchapter are not exclusive. The Wastewater Operations Manager 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 utility's enforcement response plan. However, the Wastewater Operations Manager may take other action against any user when the circumstances warrant. Further, the Wastewater Operations Manager is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 2017-06, passed 6-12-2017)