[Ord. No. 3393 §1, 4-20-2010]
When the Superintendent finds that a user has violated or continues
to violate any provision of this Chapter, an individual wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the Superintendent may petition the Circuit
Court of Franklin or Crawford 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 individual
wastewater discharge permit, order or other requirement imposed by
this Chapter on activities of the user. The Superintendent 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.
[Ord. No. 3393 §1, 4-20-2010]
A.
A user
who has violated or continues to violate any provision of this Chapter,
an individual 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 twenty-five thousand dollars
($25,000.00) but not less than 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
Superintendent 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.
[Ord. No. 3393 §1, 4-20-2010]
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 five
hundred dollars ($500.00) per violation, per day or imprisonment for
not more than ninety (90) days, 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 a misdemeanor and be subject to a penalty of at least
one thousand dollars ($1,000.00) or be subject to imprisonment for
not more than ninety (90) days, 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, 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 one thousand dollars ($1,000.00) per violation,
per day or imprisonment for not more than ninety (90) days, or both.
[Ord. No. 3393 §1, 4-20-2010]
The remedies provided for in this Chapter are not exclusive.
The Superintendent 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 Superintendent may take other action against any
user when the circumstances warrant. Further, the Superintendent is
empowered to take more than one (1) enforcement action against any
non-compliant user.
