(A) Generally. Violation of any provision of this chapter shall subject the offender to a civil penalty to be recovered by the Town of Murphy in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after the assessment has become final by exhaustion of the appeal process established by this part, or by failure to appeal the assessment. The civil penalty for willful violation of any provision of this chapter shall not exceed $500 per day for each day of continuous violation or up to a cumulative maximum civil penalty of $10,000 per continuous violation. The civil penalty for willful violation of any provision of any other section of this chapter shall not exceed $1,000 per day for each day of continuous violation, up to a cumulative maximum civil penalty of $20,000 per continuous violation.
(B) Assessment. Any civil penalty shall be assessed by the town, upon the recommendation of the Cross Connection Coordinator, and shall be based upon the reasonable estimated cost of correcting the cited violation, the magnitude of the potential risk posed to the public health, safety and welfare by the violation, and the cost of the public safety or other emergency response caused by the violation. The town shall serve written notice of the civil penalty assessment on the offender and set out with reasonable care the basis of the amount so assessed.
(C) Equitable relief. An appropriate equitable remedy, including a mandatory or prohibitory injunction, issuing from a court of competent jurisdiction may endorse the provisions of this section.
(D) Enforcement option. The penalties and enforcement provisions established by this section may be applied in additional to or instead of the penalties established by other parts of this code.
(Ord. passed 12-3-2007)