§ 50.987 TERMINATION OF DISCHARGE.

   (A)   In addition to other provisions contained in this chapter, any user who violates the following conditions is subject to discharge termination:

      (1)   Violation of individual wastewater discharge permit conditions;

      (2)   Failure to accurately report the wastewater constituents and characteristics of its discharge;

      (3)   Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

      (4)   Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or

      (5)   Violation of the pretreatment standards as defined in this chapter.

   (B)   Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 50.982 why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. 2013-3-1, passed 3-28-13)

JUDICIAL ENFORCEMENT REMEDIES

§ 50.990 INJUNCTIVE RELIEF.

   When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the Hamilton County Court through the Town Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual 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 be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. 2013-3-1, passed 3-28-13)

§ 50.991 CIVIL PENALTIES.

   (A)   A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the town as defined in § 50.999. 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.

   (B)   The Superintendent 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 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. 2013-3-1, passed 3-28-13)

§ 50.992 CRIMINAL PROSECUTION.

   (A)   A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be tried as allowed under Indiana law.

   (B)   A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall be tried as allowed under Indiana law. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

   (C)   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, individual wastewater 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 be tried as allowed under Indiana law.

(Ord. 2013-3-1, passed 3-28-13)

§ 50.993 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. Enforcement of pretreatment violations will generally be in accordance with the town’s enforcement response plan. However, the Superintendent may take other action against any user when the circumstances warrant. Further, the Superintendent is empowered to take more than one enforcement action against any noncompliant user.

(Ord. 2013-3-1, passed 3-28-13)