[Ord. No. 6035 § II, 11-7-2016]
When the Director 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 Director may petition the [insert name
of appropriate Court] through the BMU'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 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.
[Ord. No. 6035 § II, 11-7-2016]
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 BMU 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 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 BMU.
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. 6035 § II, 11-7-2016]
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 one thousand dollars ($1,000.00) per violation, per
day, or imprisonment for not more than thirty (30) 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 thirty (30) days years, 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
thirty (30) days, 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 thirty (30) days, or both.
[Ord. No. 6035 § II, 11-7-2016]
The remedies provided for in this Chapter are not exclusive.
The Director 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 BMU'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 (1) enforcement action against any non-compliant
User.