When the Superintendent finds that a user has
violated, or continues to violate, any provision of this Part 2, a
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may petition
the Court of Chancery through the Town's 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 Part 2 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.
Any person who shall violate or fail to conform to any of the provisions of this Part
2 shall be subject to penalties under this section not exceeding $1,000 per violation for each day of violation, as well as the Town's costs and expenses including reasonable attorney's fees, which penalties may be imposed and collected by the Town in a court of competent jurisdiction. In imposing a penalty under this section, the fine or penalty of $1,000 may be applied to each and every violation for each and every day of the violation. Any person violating any of the provisions of this Part
2 shall become liable to the Town for any expense, loss or damage occasioned by the Town as set forth in §
146-84D.
Any 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 Part
2, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part
2 shall be subject to the civil and/or criminal penalties as provided by applicable law (including the criminal provisions as provided in §
146-94, above).
Nothing herein shall be deemed to preclude the
Town from commencing an action pursuant to the citizen suit provision
of the Clean Water Act, 33 U.S.C. § 1365, for a penalty
up to $32,500 per day per violation or such subsequent civil penalty
amount adjusted for inflation as set forth in 40 CFR 19 (as subsequently
amended). In commencing a citizen suit pursuant to the Clean Water
Act, the Town may pursue such relief as provided by law.