(A) Any person or industrial user who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the city for a civil penalty of not more than $10,000 plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the Public Works Director may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(B) The Public Works Director shall petition the Court to impose, assess, and recover such sums. In determining the amount of liability, consideration shall be given to 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 factors as justice requires.
(C) Any person or industrial 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 violation, punishable by a fine not to exceed $1,000 for each violation. Every separate provision violated shall constitute a separate violation. Every day that a violation occurs shall be deemed a separate violation.
(Ord. passed 1-17-95; Am. Ord. passed 10-1-96)
Statutory reference:
R.S.A. 47:17 (suppl) and R.S.A. 31:39 (suppl)
R.S.A. 47:17 (suppl) and R.S.A. 31:39 (suppl)