City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
If the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may petition the Superior Court through the City Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including but not limited to a requirement that the user perform environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action available by local, state, or federal law against a user.
A. 
Any user that violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the City for a maximum civil penalty of $5,000 per violation per day. In the case of a monthly or long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
B. 
The Director may recover reasonable attorney 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.
C. 
In determining the City's actual damages, the Director may 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, and the compliance history of the user.
D. 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action available by local, state, or federal law against a user.
The remedies provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncomplying user. Enforcement of pretreatment violations shall generally be in accordance with the City's enforcement response plan. However, the Director may take other action against any user when the circumstances warrant.