[Ord. No. 1785, 3-12-2018]
When the Director 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 may petition the 39th Judicial
Circuit Court of Barry County through the City's Attorney 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 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.
[Ord. No. 1785, 3-12-2018]
A.
A User who 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
shall be liable to the City for a maximum civil penalty of five hundred
dollars ($500.00) 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.
B.
The Director 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.
C.
In determining the amount of civil liability, the Court shall take
into account all relevant circumstances, including, but not limited
to:
1.
The extent of harm caused by the violation;
2.
The magnitude and duration of the violation;
3.
Any economic benefit gained through the User's violation;
4.
Corrective actions by the User;
5.
The compliance history of the User including repeated violations
or failure to comply with conditions of its permit or this Chapter;
and
6.
Any other factor as justice requires.
D.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a User.
[Ord. No. 1785, 3-12-2018]
A.
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,
upon conviction, be guilty of a misdemeanor, punishable by a fine
of not more than five hundred dollars ($500.00) per violation, per
day, or imprisonment for not more than ninety (90) days, or both.
B.
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 misdemeanor and be subject to a penalty
of at least five hundred dollars ($500.00) per violation, per day,
or imprisonment for not more than ninety (90) days, or both. This
penalty shall be in addition to any other cause of action for personal
injury or property damage available under State law.
C.
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, 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
ninety (90) days, or both.
[Ord. No. 1785, 3-12-2018]
The remedies provided for in this Chapter are not exclusive.
The Director may 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 Director may take other action against any User
when the circumstances warrant. Further, the Director is empowered
to take more than one (1) enforcement action against any non-compliant
User.
