(A) The POTW may institute a civil action for an injunction to restrain violations of this ordinance.
(B) (1) When the POTW finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or requirement, or discovers an ongoing or potential discharge of pollutants to the POTW which reasonably appears to present an imminent and substantial danger to the health and welfare of persons, to the environment, or the POTW, the POTW may petition the Circuit Court of Jefferson County for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual Wastewater Discharge Permit, order, or other requirement imposed by this ordinance on activities of the user.
(2) The POTW 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.
(3) Prior to the filing of such petition, the user shall be given informal notice of the POTW intention to file such action.
(4) Methods of informal notice shall include, but not be limited to, any of the following: personal conversation between discharger and the POTW employees, telephone calls, letters, hand delivered messages or notices posted at the discharger’s premises or point of discharge. Personal contact between the POTW personnel and the user shall be attempted but shall not be condition precedent to POTW petitioning for an obtaining a temporary restraining order.
(Prior Code, Art. 16B, § 11.1)