(A) Any user which has violated a prohibition or continues to violate this chapter, or failed to meet a requirement of this chapter shall be liable to the Board for a minimum civil penalty of $1,000 per violation per day.
(B) The Board may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by Board facilities.
(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, 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 prerequisite for taking any other action against a user.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)