(A) Administrative fines.
(1) When the Town Council finds that a user has violated, or continues to violate, any provision of this chapter or order issued hereunder, the Town Council may fine the user a civil penalty of not more than $2,500 per day, per violation for a first violation nor more than $7,500 per day, per violation for subsequent violations, in accordance with IC 36-1-3-8(a)(10)(B). In the case of monthly or other long term average discharge limits, fines may be assessed for each day during the period of violation. A lien against the user's property may be sought for unpaid charges, fines, and penalties.
(2) Users desiring to dispute such fines must file a written request for the Town Council to reconsider the fine along with their full payment of the fine amount within five days of being notified of the fine.
(3) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, the Town Council taking any other action against the user.
(B) Civil penalties.
(1) A user who has violated, or continues to violate, any provision of this chapter, or order issued hereunder, shall be liable to the town for a civil penalty of not more than $2,500 per day, per violation for a first violation nor more than $7,500 per day, per violation for subsequent violations, in accordance with IC 36-1-3-8(a)(10)(B). In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of the violation.
(2) The town may recover reasonable attorneys' 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.
(C) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive.
(Ord. 2016-16, passed 11-14-16)