[R.O. 1993 § 710.550; Ord. No.
2669 § 11.1, 2-8-1999]
When the Superintendent 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 Superintendent may petition the court of the appropriate
jurisdiction, through the City Attorney, 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 Superintendent 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.
[R.O. 1993 § 710.560; Ord. No.
2669 § 11.2, 2-8-1999]
A.
A user who 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 shall be liable
to the City for a maximum civil penalty allowable under State law
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 Superintendent 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, 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.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
[R.O. 1993 § 710.570; Ord. No.
2669 § 11.3, 2-8-1999]
A.
A user who willfully or negligently violates any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be punished as set out in Section 100.220.
B.
A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall be punished as set out in Section 100.220. 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, 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 be punished as set out in Section 100.220.
[R.O. 1993 § 710.580; Ord. No.
2669 § 11.4, 2-8-1999]
The remedies provided for in this Chapter are not exclusive.
The Superintendent 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 Superintendent may take other actions
against any user when the circumstances warrant. Further, the Superintendent
is empowered to take more than one (1) enforcement action against
any non-compliant user.
