(A) Judicial enforcement remedies may include injunctive relief, civil penalties and/or criminal prosecution. A civil suit for injunctive relief may be initiated when the user does not execute steps necessary to achieve or maintain compliance, when the violation is of such seriousness to warrant court action to deter future violations or when the danger does not permit lengthy negotiation of a settlement. If requested, the court may issue a temporary restraining order or preliminary injunction restraining the user from violating pretreatment standards or requirements pending the outcome of the civil action if a harm to the POTW’s operation, its workers or receiving stream can be shown as a result of an ongoing user violation.
(B) The amount of civil penalty imposed depends on the nature of violation. Civil penalties assessment shall be in accordance with Chapter 53 of this code of ordinances. This includes consideration of damage to air, water or land arising from user dischargers to the POTW, cost of restoration or abatement; savings resulting from noncompliance; history of past violations; deterrence of future violations; and any other relevant factors.
(Res. 1998-10-18-B, passed 10-19-1998; Ord. 180, passed 12-21-1998) Penalty, see § 54.99