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(a) Judicial Review. A user or the City may seek judicial review of any final administrative action taken hereunder with respect to that user by filing a complaint with the Osceola County Circuit Court within sixty days after receipt of a final hearing panel decision or as provided in Section 1046.11(d)(1).
(b) Injunctive Relief. When the Superintendent finds that a user violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the Osceola County Circuit Court through the City'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 Superintendent 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 necessarily be a bar against, or a prerequisite for, taking any other action against a user.
(c) Civil Penalties.
(1) A user who violates any provision of this chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment standard or requirement after written notification of the same from the Superintendent shall be liable to the City for a civil penalty of up to one thousand dollars
($1,000) or the maximum allowable under State law per violation, per day. 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 after the user receives the written notice of violation.
(2) The prevailing party may recover reasonable attorney fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by that party.
(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 necessarily be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 22C. Passed 4-15-96.)
(d) Criminal Prosecution.
(1) A user who willfully or intentionally violates any provision of this chapter, a wastewater discharge permit, an order issued hereunder, or any other pretreatment standard or requirement, after written notification of the same from the Superintendent, shall be subject to the penalty provided in Section 202.99 of the Administration Code.
(2) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other document filed, or required to be maintained, pursuant to this chapter, a wastewater discharge permit, or an order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be subject to the penalty provided in Section 202.99 of the Administration Code. (Adopting Ordinance)
(e) Remedies Nonexclusive. The remedies provided for in this chapter are not exclusive. The Superintendent may take any, all, or any combination of these actions against a noncompliant user. The City's Enforcement Response Guide indicates the minimum enforcement action which will be taken against the user for a given violation. At the Superintendent's discretion, a more severe response may be taken when circumstances warrant.
(Ord. 22C. Passed 4-15-96.)