A. 
Violation; municipal civil infraction. Except as provided by § 570-76, a person who violates any provision of this Part 2 (including, but not limited to, any notice, order, permit, decision or determination promulgated, issued or made by the Director of Wastewater under this Part 2) is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000 per day for each infraction and not more than $10,000 per day for each infraction, plus costs and other sanctions.
B. 
Repeat offenses; increased fines. Increased fines may be imposed for repeat offenses. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this Part 2 i) committed by a person within any ninety-day period and ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this Part 2 shall be as follows:
(1) 
The fine for any offense that is a first repeat offense shall be not less than $2,500, plus costs.
(2) 
The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000, plus costs.
C. 
Amount of fines.
(1) 
Municipal civil infraction citations. Subject to the minimum fine amounts specified in Subsections A and B, the following factors shall be considered by the court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this Part 2: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator's recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good-faith efforts to correct and terminate all violations.
(2) 
Municipal civil infraction notices; schedule of fines.
(a) 
The amount of a municipal civil infraction fine due in response to the issuance of a municipal civil infraction notice for a violation under Subsection A shall be according to the following schedule:
[1] 
First offense: $1,000.
[2] 
First repeat offense: $2,500.
[3] 
Second repeat offense (or any subsequent repeat offense): $5,000.
(b) 
A copy of this schedule shall be posted at the City of Monroe Municipal Ordinance Violations Bureau.
D. 
Authorized City official. The Director of Wastewater (and any representative designated by the Director of Wastewater) is hereby designated as the authorized City official to issue municipal civil infraction citations and municipal civil infraction violation notices for violations of this Part 2.
Any person who 1) at the time of a violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this Part 2, or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the Director of Wastewater under this Part 2; or 2) intentionally makes a false statement, representation or certification in an application for, or form pertaining to a permit, or in a notice, report or record required by this Part 2, or in any other correspondence or communication, written or oral, with the City regarding matters regulated by this Part 2; or 3) intentionally falsifies, tampers with or renders inaccurate any sampling or monitoring device or record required to be maintained by this Part 2; or 4) commits any other act, pertinent to this Part 2, that is punishable by imprisonment for up to 90 days; shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500 per violation, per day, or imprisonment for up to 90 days, or both in the discretion of the court.
Each act of violation, and each day or portion of a day that a violation of this Part 2 or of any permit or order issued or entered into under this Part 2 is permitted to exist or occur, constitutes a separate violation and shall be subject to fines, penalties and other sanctions as provided by this Part 2.
The number of violations resulting from a user's noncompliance with applicable discharge prohibitions or effluent limitations shall be determined as follows:
A. 
Applicable concentration limitations and mass (or loading) limitations shall be treated as separate limitations, and a user may be liable and penalized separately for exceeding any of those limitations for a single pollutant or sampling parameter.
B. 
Each violation of an instantaneous maximum allowable discharge limit for a single pollutant or sampling parameter shall constitute a single violation for each such exceedence, and there may be multiple violations for each day on which such a violation occurs or continues.
C. 
Each violation of a monthly average limit (or other long-term average discharge limit) for a single pollutant or sampling parameter shall constitute a violation for each day of the month (or other applicable long-term average discharge limit period) during which the violation occurred, regardless of the number of days on which samples were actually taken. (For example, in a month with 31 days, a violation of the monthly average limit for that month constitutes 31 violations for each pollutant parameter for which the monthly average limit was exceeded during the month.)
D. 
If a wastewater discharge permit regulates more than one outfall, each outfall shall be considered separately in computing the number of violations as provided by this section.
A violation of this Part 2, or of any permit, order or notice issued or entered into under this Part 2, is deemed to be a public nuisance.
A. 
Any person who violates any provision of this Part 2, or who discharges or causes a discharge that produces a deposit or obstruction or otherwise damages or impairs the POTW, or causes or contributes to a violation of any federal, state or local law governing the POTW, shall be liable to and shall fully reimburse the City for all expenses, costs, losses or damages (direct or indirect) payable or incurred by the POTW or the City as a result of any such discharge, violation, exceedence or noncompliance.
(1) 
The costs that must be reimbursed to the City shall include, without limitation, all of the following:
(a) 
All costs incurred by the POTW and the City in responding to the violation or discharge, including expenses for any cleaning, repair or replacement work, and the costs of sampling, monitoring and treatment, as a result of the discharge, violation, exceedence or noncompliance.
(b) 
All costs to the POTW and the City for monitoring, surveillance, and enforcement in connection with investigating, verifying, and prosecuting any discharge, violation, exceedence or noncompliance.
(c) 
The full amount of any fines, assessments, penalties and claims, including natural resource damages, levied against the POTW or the City by any governmental agency or third party as a result of a violation of the POTW's NPDES permit (or other applicable law or regulation) that is caused by or contributed to by any discharge, violation, exceedence or noncompliance.
(d) 
The full value of any City staff time (including any required overtime), consultant and engineering fees, and actual attorney fees and defense costs (including the City attorney and any special legal counsel), associated with responding to, investigating, verifying, and prosecuting any discharge, violation, exceedence or noncompliance or otherwise enforcing the requirements of this Part 2.
(2) 
Further, the City is authorized to correct any violation of this Part 2 or damage or impairment to the POTW caused by a discharge and to bill the person causing the violation or discharge for the amounts to be reimbursed to the City. The costs reimbursable under this section shall be in addition to fees, amounts or other costs and expenses required to be paid by users under other sections of this Part 2.
B. 
In determining the amounts to be reimbursed to the City, the Director of Wastewater may consider factors such as, but not limited to, the following:
(1) 
The volume of the discharge.
(2) 
The length of time the discharge occurred.
(3) 
The composition of the discharge.
(4) 
The nature, extent and degree of success the POTW may achieve in minimizing or mitigating the effect of the discharge.
(5) 
The toxicity, degradability, treatability and dispersal characteristics of the discharges.
(6) 
The direct and indirect costs incurred by the City, or imposed upon the City to treat the discharges, including sludge handling and disposal costs.
(7) 
Fines, assessments, levies, charges, expenses and penalties imposed upon and/or incurred by the City, including the City's costs of defense of actions, or suits brought or threatened against the City by governmental agencies or third parties.
(8) 
Such other factors, including the amount of any attorney's fees, consultant and expert fees, expenses, costs, sampling and analytical fees, repairs, etc., as the Director of Wastewater deems appropriate under the circumstances.
C. 
The failure by any person to pay any amounts required to reimburse the POTW or the City as provided by this section shall constitute an additional violation of this Part 2. All fines, assessments, levies, charges, expenses and penalties shall be deposited in the proper City of Monroe Wastewater Department revenue fund.
When the Director of Wastewater 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 pretreatment standard or requirement, the Director of Wastewater, through an attorney, may institute legal proceedings in a court of competent jurisdiction to seek all appropriate relief for such violation. The action may seek temporary or permanent injunctive relief, damages, penalties, costs and any other relief, at law or equity, that a court may order, including, but not limited to, a requirement that the user conduct environmental remediation. The Director of Wastewater may also seek collection of surcharges, fines, penalties and any other amounts due to the City that a user has not paid. Funds from the collection of such fines, assessments, levies, charges, expenses and penalties shall be deposited into the proper City of Monroe Wastewater Department revenue account.
The remedies provided by this Part 2 are cumulative and nonexclusive. The Director may take any, all or any combination of the remedies against a noncompliant user. Further, the Director of Wastewater is empowered to take more than one enforcement action against a noncompliant user. The imposition of a single penalty, fine, order, damage or surcharge upon any person for a violation of this Part 2, or of any permit or order issued or entered into under this Part 2, shall not preclude the imposition by the Director or a court of competent jurisdiction of a combination of any or all of those sanctions and remedies or additional sanctions and remedies with respect to the same violation, consistent with applicable limitations on penalty amounts under state or federal laws or regulations. A criminal citation and prosecution of a criminal action against a person shall not be dependent upon and need not be held in abeyance during any civil, judicial or City administrative proceeding, conference or hearing regarding the person.