(A) Administrative fines.
(1) When the Wastewater Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Superintendent may recommend to the Town Council the imposition of a fine of not more than $2,500 per day, per violation for a first violation nor more than $7,500 per day, per violation for subsequent violations in accordance with I.C. 36-l-3-8(a)(10)(B). In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Unpaid charges, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1.8% per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.
(3) Users desiring to dispute such fines must file a written request for the Town Council to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. In the event the user's appeal is successful, the payment shall be returned to the user.
(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(B) Judicial enforcement remedies.
(1) Injunctive relief. When the Town Council finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, it may petition the Warrick County Courts 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 ordinance on activities of the user. It 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.
(2) Civil penalties.
(a) A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the town for a fine of not more than $2,500 per day, per violation for a first violation nor more than $7,500 per day, per violation for subsequent violations in accordance with I.C. 36-l-3-8(a)(10)(B). In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during tire period of the violation.
(b) The town may seek to recover court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the town.
(c) In determining the amount of civil liability, the court should 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, talcing any other action against a user.
(Ord. 2016-15, passed 8-10-2016)
(3) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive. The town 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 town's enforcement response plan. However, the Wastewater Superintendent may take other action against any user when the circumstances warrant. Further, the Wastewater Superintendent is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 2016-15, passed 8-10-2016)