Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Supervisor may petition the Fourth Judicial District Court through the City of Las Vegas' 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 industrial user. In addition, the City of Las Vegas may recover reasonable attorneys' fees, court costs, and other expenses of litigation by appropriate legal action against the user found to have violated any provision herein, or any other rules, regulations, permits, or agreements issued herein. Such other action as appropriate for legal and/or equitable relief may also be sought by the City of Las Vegas. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.
In the event that an industrial user discharges such pollutants which cause the City of Las Vegas to violate any conditions of its NPDES permit and the City of Las Vegas is fined by EPA for such violations, then such industrial users shall be fully liable for the total amount of the fines and civil penalties assessed against the City of Las Vegas by EPA or the State of New Mexico and administrative costs incurred.
A. 
A user who willfully or negligently violates any provision of this chapter, an individual 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 90 days per violation, or both.
B. 
A user who willfully or negligently introduces any substance into the POTW which causes personal injury of property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 or be subject to imprisonment for not more than 90 days per violation, or both. This penalty shall be in addition to any other action for personal injury or property damage available under state or local law.
C. 
A 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 chapter, individual wastewater discharge permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days per violation, or both.
D. 
In the event of a second conviction, a user shall be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days per violation, or both.
The City of Las Vegas can first refer to the Fourth Judicial District Attorney criminal violations of any pretreatment standards or permit conditions. Should the Fourth Judicial District Attorney decline, the criminal violations of any pretreatment standards or permit conditions shall be referred to the State Attorney General. Should the State Attorney General decline, the U.S. EPA will be requested to initiate appropriate criminal action through the U.S. Attorney General's Office. The City of Las Vegas will assist the three judicial agencies any way it can with appropriate support for the action taken.
The provisions in Articles IX through XII are not exclusive remedies. The City of Las Vegas reserves the right to 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 of Las Vegas' enforcement response plan. However, the City of Las Vegas reserves the right to take other action against any user when the circumstances warrant. Further, the City of Las Vegas is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.