[R.O. 2011 § 710.550; Ord. No. 17-184 § 1, 9-20-2017]
When the Director of Public Works
has probable cause to believe 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 City may petition the Circuit Court of St. Charles County or Municipal
Court of the City of Saint Charles 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 City 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.
[R.O. 2011 § 710.560; Ord. No. 17-184 § 1, 9-20-2017]
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 City for a maximum civil penalty of one thousand
dollars ($1,000.00) 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 City 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.
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.
[R.O. 2011 § 710.570; Ord. No. 17-184 § 1, 9-20-2017]
A. A User who willfully or negligently violates
any provision of this Chapter, a wastewater discharge permit or order
issued hereunder, or any other Pretreatment Standard or Requirement
shall, upon conviction, be guilty of an ordinance violation, punishable
by a fine of not more than one thousand dollars ($1,000.00) per violation,
per day, or imprisonment for not more than three (3) months, or both.
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 an ordinance violation
and be subject to a penalty of at least one thousand dollars ($1,000.00),
or be subject to imprisonment for not more than three (3) months,
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 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, 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 one thousand
dollars ($1,000.00) per violation, per day, or imprisonment for not
more than three (3) months, or both.
D. In the event of a second conviction, a
User shall be punished by a fine of not more than one thousand dollars
($1,000.00) per violation, per day, or imprisonment for not more than
three (3) months, or both.
[R.O. 2011 § 710.580; Ord. No. 17-184 § 1, 9-20-2017]
The remedies provided for in this
Chapter are not exclusive. The City may take any, all, or any combination
of these actions against a non-compliant User. Enforcement of pretreatment
violations will generally be in accordance with the City's Enforcement
Response Plan. However, the City may take other action against any User
when the circumstances warrant. Further, the Director of Public Works
is empowered to take more than one (1) enforcement action against
any non-compliant User.