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.
A. 
A user who willfully or negligently violates any provision of this Part 2, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be punishable by a fine not exceeding $1,000 or 60 days' imprisonment, or both, as well as the Town's costs and expenses, including reasonable attorney's fees. The fine and imprisonment penalties provided herein may be applied to each and every violation for each and every day of the violation.
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 not more than $1,000, or be subject to imprisonment for not more than one month, 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. 
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 including Victim's Compensation Fund assessment.
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.