(A) Injunctive relief. When the Director of Utilities finds that a user has violated, or continues to violate, any provision of this Chapter 191, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the city may petition the Superior Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, the general permit, order, or other requirement imposed by this Chapter 191 on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(B) Civil penalties.
(1) A user who has violated, or continues to violate, any provision of this Chapter 191, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement shall, pursuant to A.R.S. § 49-391, as amended, be liable to the city for a maximum civil penalty of $25,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) The Director of Utilities 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 city.
(3) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, those outlined in A.R.S. § 49-391, as amended, 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) Criminal prosecution.
(1) A user who willfully or negligently violates any provision of this Chapter 191, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a Class 1 Misdemeanor, punishable by a fine of not more than $2,500 per violation, per day, or imprisonment for not more than six months, or both.
(2) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a Class 1 Misdemeanor and be subject to a penalty of at least $2,500, or be subject to imprisonment for not more than six months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter 191, individual wastewater discharge permit, or general permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter 191 shall, upon conviction, be guilty of a Class 1 Misdemeanor and be subject to a penalty of at least $2,500 per violation, per day, or be subject to imprisonment for not more than six months, or both.
(D) Remedies nonexclusive. The remedies provided for in this Chapter 191 are not exclusive. The Director of Utilities may take any, all, or any combination of these remedies against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the Director of Utilities may take other action against any user when the circumstances warrant. Further, the Director of Utilities is empowered to take more than one enforcement action against any noncompliant user.
(Ord. O2019-007, passed 2-6-2019)