If any person discharges sewage, industrial waste or other wastes into the town’s sanitary sewer system wastewater disposal system contrary to this chapter, federal or state pretreatment requirements, or any order of the Town Council, the Town Attorney may commence an action for appropriate legal and/or equitable relief in the circuit court of the county.
(A) Judicial enforcement remedies.
(1) Injunctive relief.
(a) When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter or an order issued hereunder, or any other pretreatment requirement or admissibility requirements, the Superintendent may petition any county court or another court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the provisions of this chapter or order issued hereunder on activities of the user.
(b) The town 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.
(a) The town may recover reasonable attorneys’ fees, experts’ fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the town.
(b) In determining the amount of civil penalty, the court may 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 though the user’s violation corrective actions by the user, the compliance history of the user and any other factor as justice requires.
(c) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(B) Remedies nonexclusive and non-exhaustive.
(1) The remedies provided for in this chapter are neither exclusive nor exhaustive. The Superintendent and the town may take any and, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the enforcement response plan. However, the Superintendent may take other action against any user when the circumstances warrant.
(2) Further, the Superintendent and the town is empowered to take more than one enforcement action against any noncompliant user. In addition to the remedies set forth herein, the town reserves the right to take all other legal action, including filing a lawsuit, against a user, any other person or entity in violation of this chapter.
(3) Such legal action shall include, but is not limited to, a cause of action to recover for damages to the sewerage system or the WWTP caused by a user’s violation of this chapter and attorneys’ fees, experts, fees and other expenses, including sampling and monitoring expenses associated therewith.
(Ord. 2015-6, passed 6-25-2015)