(a) Injunctive Relief. When the Superintendent finds that a User has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Superintendent or County may petition the Circuit Court of Loudoun County, Virginia for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, the general permit, order, or other requirement imposed by this Chapter on activities of the User. The Superintendent or County 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 Penalties.
(1) A User who has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement shall, in lieu of any criminal penalty, be liable for a civil penalty of no less than one thousand dollars ($1,000) per day and no more than $32,500 per day for each violation, within the discretion of the court. Each day for which a violation is proven shall constitute a separate offense.. 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) 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.
(3) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User.
(c) Criminal Prosecution. Any Person who willfully or negligently violates any provision of this Chapter, any order or permit issued hereunder, or any other pretreatment requirement, shall be guilty of a misdemeanor punishable by a fine of no less than two thousand five hundred dollars ($2,500) per day and no more than $32,500 per day for each violation, within the discretion of the court (each day for which a violation is proven shall constitute a separate violation) or be imprisoned for not more than 12 months, or both.
(d) Remedies Nonexclusive. The remedies provided for in this Chapter are not exclusive. The Superintendent and County 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 County's enforcement response plan. However, the Superintendent may take other action against any User when the circumstances warrant. Further, the Superintendent is empowered to take more than one enforcement action against any noncompliant User.
(Ord. 14-03. Passed 3-5-14; Ord. 19-01. Passed 1-9-19.)