(A) Injunctive relief. When the Utility Director finds that a user has violated, or continues to violate, any provision of this chapter, IDEM discharge permit limits, or order issued hereunder, or any other pretreatment standard or requirement, the Utility Director may petition the appropriate Court through the Utility’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 Utility Director 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.
(B) Civil penalties.
(1) A user who has violated, or continues to violate, any provision of this chapter, IDEM discharge permit limits, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Utility for a minimum civil penalty of at least $1,000 per day, per violation, in accordance with 40 CFR 403.8(f)(1)(vi)(A), but no 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. 36-1-3-8(a)(10)(B). In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) The Utility Director 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 Utility.
(3) 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.
(4) Filing a suit for civil penalties shall not be a barrier against, or a prerequisite for, taking any other action against a user.
(C) Criminal prosecution.
(1) A user who willfully or negligently violates any provision of this chapter, IDEM discharge permit limits, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $5,000 per violation, per day, or imprisonment for not more than three years, or both.
(2) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000, or be subject to imprisonment for not more than 90 days, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under Indiana law.
(3) 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, IDEM discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $5,000 per violation, per day, or imprisonment for not more than three years, or both.
(4) In the event of a second conviction, a user shall be punished by a fine of not more than $10,000 per violation, per day, or imprisonment for not more than five years, or both.
(D) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive; The Utility Director 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 Utility’s enforcement response plan. However, the Utility Director may take other action against any user when the circumstances warrant. Further, the Utility Director is empowered to take more than one enforcement action against any noncompliant user.
(E) Judicial action. Judicial action will be taken when it is deemed necessary to force the IU to correct the violation and comply with the permit. Judicial action may consist of civil prosecution; criminal prosecution; or an action for injunction, at the discretion of the POTW and its counsel. As an alternative to judicial action, the POTW and IU may agree to a voluntary zero discharge of industrial waste by the IU pending correction of the violation.
(Ord. 10-04-12, passed 4-10-12)