[Ord. of 5-5-2008]
When the City determines that a user has violated, or continues
to violate, any provision of this Part, an industrial discharge permit,
or an order issued hereunder, or any other pretreatment standard or
requirement, the City may petition the Penobscot County Superior Court
through the City's Attorney for the issuance of a temporary or permanent
injunction, as appropriate, that restrains or compels the specific
performance of the industrial discharge permit, order, or other requirement
imposed by this Part on activities of the user. The City 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, implementing any other action against a user.
[Ord. of 5-5-2008]
(a)
Any use of property or discharge of waste in violation of this Part
or in violation of any permit or order issued hereunder, or without
first obtaining any permit required by this Part, shall constitute
a land use violation under 30-A M.R.S.A. § 4452. A user
who has violated or continues to violate, any provision of this Part,
an industrial discharge permit, or an order issued hereunder, or any
other pretreatment standard or requirement, shall be liable to the
City for a maximum civil penalty of $10,000 per violation, per day,
plus actual damages incurred by the POTW. 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 City Council 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. The City Council shall petition the court to
impose, assess, and recover such sums.
(c)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, implementing any other action against a user.
[Ord. of 5-5-2008]
The remedies provided for in this Part are not exclusive. The
City 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 City may pursue other action against any user without limitation,
including ex parte temporary judicial relief to prevent a violation
of this Part. Further, the City is empowered to pursue more than one
enforcement action against any noncompliant user.
