(A) (1) 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 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.
(2) The Superintendent or the town may recover reasonable attorney’s 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.
(3) 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.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(B) Pursuant to § 52.140, 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 or the town may fine such user in an amount not to exceed $2,500. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(C) Pursuant to §§ 52.170 through 52.176, a penalty of $50 shall be assessed to any user for each day that a report required by §§ 52.170 through 52.176, a permit or order issued hereunder is late, beginning five days after the date the report is due. Actions taken by the Superintendent to collect late reporting penalties shall not limit the Superintendent’s authority to initiate other enforcement actions that may include penalties for late reporting violations.
(Ord. 2010-3, passed 4-19-2010)