(A) Civil penalties.
(1) Any user who has significantly violated or continues to violate this chapter or any order or permit issued hereunder, may be liable to the city for a civil penalty of not more than $500 per day plus actual damages incurred by the POTW per violation per day for as long as the violation continues. Each day in which such violation shall continue shall be deemed a separate offense. In addition to the above described penalty and damages, the City Administrator may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses associated with the enforcement activities including sampling and monitoring expenses.
(2) The City Administrator may petition the court to impose, assess and recover such sums. In determining amount of 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, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user and any other factor as justice requires.
(B) Criminal prosecution. Any user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $500 per violation per day or imprisonment for not more than one year or both.
(Ord. 96-10, passed 10-17-96)