When the Director of Wastewater or his/her designee finds that
a user has violated or continues to violate any provision of this
chapter, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the
Director of Wastewater or his/her designee, may petition the Maine
District Court or the York County 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, order, or other requirement imposed by this chapter on activities
of the user. The Director of Wastewater or his/her designee may also
seek such other action as is appropriate for legal and/or equitable
relief, including fines, penalties, administrative costs and attorneys'
fees pursuant to 30-A M.R.S.A. § 4452, and a requirement
that the user conduct environmental remediation or pay the City's
remediation costs. A petition for injunctive relief shall not be a
bar against or a prerequisite for taking any other action against
a user.
(a)Â
A user who has violated, or continues to violate, any provision of
this ordinance, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement
shall be liable to the City of Biddeford, Maine, or all maximum fines,
penalties, orders, administrative costs, attorney fees and remediation
costs allowable under 30-A M.R.S.A. § 4452. In addition,
the user shall be responsible for all fines, penalties, damages and
costs, including, but not limited to, attorneys' fees and costs incurred
by the municipality for violation of federal and state environmental
laws and regulations caused by or related to the user's violation
of this chapter. 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.
(b)Â
The Director of Wastewater or his/her designee, 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 of Biddeford, Maine.
(c)Â
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.
(d)Â
Filing a suit for civil penalties shall not be a bar against or a
prerequisite for taking any other action against a user.
(a)Â
A user who willfully or negligently violates any provision of this
chapter, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement shall,
in addition to civil penalties, be subject to criminal prosecution
under state or federal laws.
(b)Â
A user who willfully or negligently introduces any substance into
the POTW which causes personal injury or property damage shall, in
addition to civil penalties, be subject to criminal prosecution under
state and federal laws. Criminal prosecution shall be in addition
to any other cause of action for personal injury or property damage
available under state law.
(c)Â
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, individual wastewater discharge permit, or order issued hereunder,
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this chapter shall, in
addition to civil penalties, be subject to criminal prosecution under
state and federal laws.
The remedies provided for in this chapter are not exclusive.
The Director of Wastewater or his/her designee may take any, all or
any combination of these actions against a noncompliant user. Enforcement
of pretreatment violations will generally be in accordance with the
City's enforcement response plan. However, the Director of Wastewater
or his/her designee may take other action against any user when the
circumstances warrant. Further, the Director of Wastewater or his/her
designee, is empowered to take more than one enforcement action against
any noncompliant user.
