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JUDICIAL ENFORCEMENT REMEDIES
When the Board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement, the Board may petition the Grant Circuit or Superior Court, Grant County, Indiana through the Board's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Board 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.
(Ord. 9-2016, passed 6-7-2016)
(A) A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Board for a maximum civil penalty of $2,500 for any first offense, and $7,500 for any second offense per violation, per day. 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.
(B) The Board 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 Board.
(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. 9-2016, passed 6-7-2016)
(A) A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement shall be referred to the State of Indiana or the EPA for legal action and, upon conviction, be guilty of a misdemeanor, punishable by the maximum fine or imprisonment, or both, as allowed by EPA or the State of Indiana.
(B) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall be referred to the State of Indiana or EPA for legal action and, upon conviction, be subject to the maximum penalty or be subject to the maximum imprisonment, or both, as allowed by the State of Indiana or EPA. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(C) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, other control document, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall be referred to the State of Indiana or the EPA for legal action and, upon conviction, be punished by the maximum fine or imprisonment, or both, as allowed by EPA or the State of Indiana.
(D) In the event of a second conviction, a user shall be punished by the maximum fine or imprisonment, or both, as allowed by EPA or the State of Indiana.
(Ord. 9-2016, passed 6-7-2016)
The remedies provided for in this chapter are not exclusive. The Board 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 Board's enforcement response plan. However, the Board may take other action against any user when the circumstances warrant. Further, the Board is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 9-2016, passed 6-7-2016)
SUPPLEMENTAL ENFORCEMENT ACTION
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