Persons who continue to violate any provision of this chapter shall be liable to the City for a maximum civil penalty of twenty five thousand dollars ($25,000) but not less than three thousand dollars ($3,000.00) 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.
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 discharger's violation, corrective actions by the discharger, the compliance history of the discharger, and any factor as justice requires.
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a discharger. The City may institute further legal action to collect
such penalties in the event that the violator of this chapter fails or refuses to pay said penalty within thirty (30) days from the date that it has been assessed.