When the engineer of record 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 engineer of record may commence an action in a court of appropriate jurisdiction through the Village 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 engineer of record 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.
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 Village for a civil penalty of up to $10,000 per day of violation. 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 engineer of record 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 Village.
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.
Any person who shall maliciously or willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the Sanitary Sewer facilities shall be subject to prosecution and a penalty not to exceed $1,000 per day of violation or imprisonment for not more than one year, or both, in addition to civil damages incurred with such acts.
The remedies provided for in this chapter are not exclusive. Enforcement of pretreatment violations will generally be in accordance with the Village's enforcement response plan. The engineer of record may take any, all or any combination of these actions against a noncompliant user.