(A) Authority to assess civil penalties. Any user who is found to have failed to comply with any provision of this chapter or the orders, rules, regulations and permits issued hereunder, may be assessed a civil penalty of up to $25,000 per day per violation. Penalties between $10,000 and $25,000 per day per violation may be assessed against a violator only if:
(1) For any class of violation, only if a civil penalty has been imposed against the violator within the five years preceding the violation; or
(2) In the case of failure to file, submit or make available, as the case may be, any documents, data or reports required by this chapter or the orders, rules, regulations and permits issued hereunder, only if the POTW Director determines that the violation was intentional and a civil penalty has been imposed against the violator within the five years preceding the violation.
(B) Costs; attorney’s fees. The POTW Director may recover 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.
(C) Determination of amount. In determining the amount of civil penalty to be assessed, the POTW Director may consider any other relevant circumstances, but shall consider the following:
(1) The degree or extent of harm to the natural resources, to the public health or to public or private property resulting from the violation;
(2) The gravity and duration of the violation;
(3) The effect on ground or surface water quantity or quality or on-air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by non-compliance and any other economic benefit gained through the user’s violation;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with the pretreatment program; and
(8) The costs of enforcement to the town.
(D) Collection. Actions for unpaid civil penalties shall be referred to the Town Attorney for collection.
(E) Assessment not a bar. Assessment of a civil penalty shall not be a bar against or a prerequisite for the taking of any other action against the user.
(Ord. passed 10-14-2021)