(A) Judicial enforcement remedies.
(1) Injunctive relief. When the Director 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 Director may petition through any court of general jurisdiction within the county, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or complies the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The 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.
(2) Civil penalties. In addition to the administrative fines available herein, 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 also be liable to the District for a maximum civil penalty of $2,500 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.
(a) 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.
(b) Filing a suit for civil penalties shall not be a bar against, or a prerequisite, for taking any other action against a user.
(3) Recovery. The Director 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 the District.
(Prior Code, § 54.83)
(B) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the district enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any non- compliant user.
(Prior Code, § 54.84)