(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 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 violation, per day for a first violation. Subsequent violations can be fined at up to $7,500 per day per violation 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 violation, penalties shall accrue for each day during the period of the violation.
(B) The town 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 town.
(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 of the violation, any economic benefit gained through the user’s violation, corrective actions taken 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, taking any other action against a user.
(Ord. 06-2017, passed 5-22-2017)