(a) Any person or organization (as specified in Section 501.11) that violates any of the standards, limits, reporting or other requirements contained in Chapter 1773, 1775, 1777 (excluding section 1777.03), 1781, 1783, 1785, 1787, 1789, 1791, 1793, 1795, 1796, 1797, 1798 and 1799 shall be guilty of a misdemeanor of the first degree or shall be fined not more than twenty-five thousand dollars ($25,000) for each violation, or both.
(b) Each day of violation shall constitute a separate offense.
(c) In determining the amount of the civil penalty to be assessed for violations, the following factors may be considered:
(1) the economic benefit derived by the violator from the deferral of remedial action;
(2) the degree of environmental harm and/or POTW damage caused from the violation;
(3) the recalcitrance of the violator;
(4) good faith efforts by the violator to take appropriate remedial action;
(5) the duration of the violation.
(d) In addition to the penalties authorized in this section, the City may recover its actual cost of investigating, remediating and pursuing civil or criminal actions related to any violations contained in Title Five, Part Seventeen of the Toledo Municipal Code.
(e) The City may maintain any other legal or equitable action for the abatement of any violations of the provisions contained in Title Five, Part Seventeen of the Toledo Municipal Code. All penalties and fines collected under this Chapter shall be credited to the Division of Environmental Services.
(f) The imposition of a penalty or any restrictions in this Code shall not be construed to abridge or otherwise impair the right of any person to maintain any action or take other appropriate measures to obtain damages or other relief on account of injuries to persons or property resulting from violations of the provisions contained in Title Five, Part Seventeen of the Toledo Municipal Code.
(Ord. 525-07. Passed 8-7-07.)