If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of this chapter or any order or permit thereunder, the Superintendent, through the Law Director, may commence an action for appropriate legal and/or equitable relief.
(a) Injunctive Relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter or a permit or order issued thereunder, the Superintendent, through counsel, may petition the Court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user. The Superintendent shall have such remedies to collect these fees as he or she has to collect other sewer service charges.
(b) Civil Penalties.
(1) Any industrial user who has violated or continues to violate this or any order or permit issued hereunder shall be liable to the Superintendent for a civil penalty of not more than one thousand dollars ($1,000) plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the Superintendent may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities including sampling and monitoring expenses.
(2) The Superintendent shall petition the court to impose, assess, and recover such sums. In determining amount of 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, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user and any other factor as justice requires.
(Ord. 4131. Passed 7-1-91.)