(a) Injunctive Relief. When the Village finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Village may petition the Mahoning County Court for the issuance of a temporary injunction 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 ordinance on activities of the User. The Village may also seek such other action as is appropriate for legal and/or equitable relief, including but not limited to 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 ordinance, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the Village for a maximum civil penalty of $1,000 per violation, per day as stated in Section 913.09(c). 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 Village 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 Village.
(3) 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.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User.
(c) Remedies Nonexclusive. The remedies provided for in this ordinance are not exclusive. The Village may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with this ordinance. However, the Village may take other action against any User when the circumstances warrant. Further, the Village is empowered to take more than one enforcement action against any noncompliant User.
(Ord. 3956. Passed 5-7-16.)