[R.O. 2011 §715.630; Ord. No. 91-43, 12-11-1991; Ord. No.
2016-38 §1, 10-24-2016]
If any person 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 Superintendent,
through the City Attorney, may commence an action for appropriate
legal and/or equitable relief in the Circuit Court of Grundy County,
Missouri.
[R.O. 2011 §715.640; Ord. No. 91-43 §11.1, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
Whenever an industrial user has violated and continues to violate
the provisions of this Chapter, or permit or order issued hereunder,
the Superintendent, through counsel may petition the 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 industrial user. The Superintendent shall have such remedies
to collect these fees as it has to collect other sewer service charges.
A petition for injunctive relief need not be filed as a prerequisite
to taking any other action against a user.
[R.O. 2011 §715.650; Ord. No. 91-43 §11.2, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
Any industrial user who has violated or continues to violate this
Chapter, or any order or permit issued hereunder, shall be liable
to the Superintendent for a civil penalty of one thousand dollars
($1,000.00) per day, (or not more than the maximum allowable under
State law), plus actual damages incurred by the POTW per violation
per day for as long as the violation continues. In addition to the
above described penalty and damages, the Superintendent may recover
reasonable attorney's fees, court costs, and monitoring costs.
B.
The Superintendent shall petition the 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 industrial user's
violation, corrective actions by the industrial user, the compliance
history of the user, and any other factor as justice requires.
C.
Filing a suit for civil penalties shall not be a prerequisite for
taking any other action against a user.
[R.O. 2011 §715.660; Ord. No. 91-43 §11.3, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
Any industrial user who willfully or negligently violates any provision
of this Chapter or any orders or permits issued hereunder shall, upon
conviction, be guilty of an ordinance violation, punishable by a fine
not to exceed five hundred dollars ($500.00) per violation per day
or imprisonment for not more than three (3) months, or both.
B.
Any industrial user who knowingly makes any false statement, representations,
or certifications in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this Chapter,
or wastewater permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this Chapter shall, upon conviction, be punished by a fine of not
more than five hundred dollars ($500.00) per violation per day or
imprisonment for not more than three (3) months, or both.
[R.O. 2011 §715.670; Ord. No. 91-43 §11.4, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
The provisions in Articles IX through XII are not exclusive remedies. The City reserves the right to take any, all, or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However the City reserves the right to take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one (1) enforcement action against any non-compliant user. These actions may be taken concurrently.
