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(A) A user which has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Control Authority for a maximum civil penalty of $1,000 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 violation.
(B) 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 and the magnitude and duration, 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.
(C) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 2005-8-226, passed 8-2-05)