(a) Judicial Remedies. If any user discharges sewage, industrial wastes or other wastes into the wastewater disposal system contrary to the provisions of this Chapter or any order or permit issued hereunder, the Director of Public Service, through the Directors of Law of the Cities of Willoughby and Willoughby Hills, may commence an action for appropriate legal and equitable relief in the Willoughby Municipal Court or other appropriate Court.
(b) Court Injunctive Relief. Whenever an industrial user has violated or continues to violate the provisions of this Chapter or permit or order issued hereunder, the Director, through the Directors of Law of the Cities of Willoughby and Willoughby Hills, may petition the appropriate 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 user. The Director shall have such remedies to collect these fees as it has to collect other sewer service charges.
(c) Public Nuisances. Any violation of the prohibitions or effluent limitations of this Chapter or permit or order issued hereunder is hereby declared a public nuisance and shall be corrected or abated as instructed by the Director. Any person(s) creating a public nuisance shall be subject to the provisions of this Section, and shall be responsible for reimbursing the City of Willoughby Hills and the City of Willoughby for any costs incurred by the Cities in removing, abating or remedying such nuisance.
(d) Civil Penalties.
(1) Any user who as violated or continues to violate this Chapter or any order or permit issued hereunder, shall be liable to the City for a civil penalty of not more than one thousand dollars ($1,000) plus actual damages incurred by the City of Willoughby Hills and/or the City of Willoughby per violation per day for as long as the violation continues. In addition to the above-described penalty and damages, the City of Willoughby Hills and the City of Willoughby may recover reasonable attorney's fees, Court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The POTW shall petition the appropriate 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 user's violation, corrective actions by the user, the compliance history of the user, and any other factors as justice requires.
(e) Criminal Prosecution.
(1) Violations - General. Any user or person who violates any provision of this Chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor of the first degree, and each violation and/or each day a violation occurs or continues shall constitute a separate offense.
(f) Remedies and Penalties, Nonexclusive. The remedies and penalties provided in this Chapter are nonexclusive, and a violator may be subject to all of the above penalties, remedies and administrative enforcement for each violation.
(Ord. 2010-32. Passed 9-23-10.)