(A) Any person that has violated or continues to violate any provision of this chapter, any order or permit issued under this chapter or any other pretreatment standard or requirement shall be liable for a maximum civil penalty of $500 per violation per day. In the case of a monthly or other long-term average pretreatment standard, penalties shall accrue for each business day during the period of the violation.
(B) The city may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses and the cost of any actual damages incurred by the city.
(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 persons' violation, corrective actions by the person, the compliance history of the person and any other factor as justice requires.
(D) Where appropriate, the city may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to county and the persons' expense in undertaking the project is at least 150% of the civil penalty.
(E) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a person.
(Ord. 679, passed 9-26-2017)