(A) Administrative penalties.
(1) When the Town 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 Town Manager may fine such user in an amount not to exceed $25,000. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Unpaid charges, fines and penalties shall be collected as provided for in Chapter 50 of this code of ordinances.
(3) Users desiring to dispute such administrative penalties and costs may request a review through the petition process described herein.
(4) The Town Manager may add the costs of preparing administrative enforcement actions, such as notices and orders, as well as the cost of the administrative review, if the user is unsuccessful, to the penalty.
(5) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Prior Code, § 155.10.6)
(B) Judicial enforcement remedies.
(1) Injunctive relief. When the Town Manager finds that a user has violated, or continues to violate, any provision of this code, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Town Manager may petition the Municipal Court of the town or any court of competent jurisdiction through the town’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 ordinance on activities of the user. The Town 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.
(2) Civil penalties.
(a) 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 town for a maximum civil penalty of $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) The Town 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 town.
(c) 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.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(3) Criminal prosecution.
(a) A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $25,000 per violation, per day.
(b) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of not more than $25,000. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c) 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 shall, upon conviction, be punished by a fine of not more than $25,000 per violation, per day.
(4) Remedies non-exclusive.
(a) The remedies provided for in this chapter are not exclusive. The Town Manager may take any, all or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the town’s enforcement response plan. However, the Town Manager may take other action against any user when the circumstances warrant.
(b) Further, the Town Manager is empowered to take more than one enforcement action against any non-compliant user.
(Prior Code, § 155.10.11)