(a) Legal or Equitable Relief Generally. 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, through the Director of Law, may commence an action for appropriate legal and equitable relief in the Willoughby Municipal Court or other appropriate court.
(b) Injunctive Relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter or a permit or order issued hereunder, the Director, through the Director of Law, 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) Declaration of Public Nuisance. Any violation of the prohibitions or effluent limitations of this chapter or of a permit or order issued hereunder is hereby declared to be a public nuisance and shall be corrected or abated as instructed by the Director. Any person creating a public nuisance shall be subject to the provisions of this section and Section 922.99 and shall be responsible for reimbursing the City for any costs incurred by the City in removing, abating or remedying said nuisance.
(d) Civil Penalties.
(1) Any user who has 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, per violation per day for as long as the violation continues. In addition to the above-described penalty and damages, the City 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 the 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 factor as justice requires.
(Ord. 91-65. Passed 1-21-91; Ord. 2010-46. Passed 11-16-10.)