(a) Any person or industrial user who violates any Section of these rules and regulations or any wastewater discharge permit or any final administrative order or emergency suspension notice of the City issued pursuant to these rules and regulations shall be subject to civil penalties. The City, upon commencement of civil proceedings against any industrial user shall seek any and all appropriate legal and equitable relief against said industrial user including, without limitation, civil penalties of one thousand dollars ($1,000) per day for each day the industrial user violates or continues to violate any provisions of these rules and regulations or any wastewater discharge permit, or any final administrative order or emergency suspension notice issued by the City pursuant to these rules and regulations.
(b) The Director 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.
(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.
(Ord. 30-14. Passed 3-3-14.)