When the Director finds that a user has violated or continues to violate any provision of this Part 4, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may petition the Circuit Court for Harford County through the City'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 4 on activities of the user. The Director 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 which has violated or continues to violate any provision of this Part 4, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City of Aberdeen for a maximum civil penalty of $1,000 per violation, per day. 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 Director 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 of Aberdeen.
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.
A. 
A user which willfully or negligently violates any provision of this Part 4, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than six months, or both.
B. 
A user which 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 shall be subject to a penalty of at least $1,000 or be subject to imprisonment for not more than one year, 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. 
A user which 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 4, a wastewater discharge permit or order issued hereunder, or which falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 4, shall, upon conviction, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than one year, or both.
D. 
In the event of a second conviction, a user shall be punished by a fine of not more than $15,000 per violation, per day, or imprisonment for not more than two years, or both.
The remedies provided for in this Part 4 are not exclusive. The Director 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 Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user.