[Ord. of 5-5-2008]
When the City determines that a user has violated, or continues to violate, any provision of this Part, an industrial discharge permit, or an order issued hereunder, or any other pretreatment standard or requirement, the City may petition the Penobscot County Superior Court through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, that restrains or compels the specific performance of the industrial discharge permit, order, or other requirement imposed by this Part 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, implementing any other action against a user.
[Ord. of 5-5-2008]
(a) 
Any use of property or discharge of waste in violation of this Part or in violation of any permit or order issued hereunder, or without first obtaining any permit required by this Part, shall constitute a land use violation under 30-A M.R.S.A. § 4452. A user who has violated or continues to violate, any provision of this Part, an industrial discharge permit, or an order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the City for a maximum civil penalty of $10,000 per violation, per day, plus actual damages incurred by the POTW. 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 Council 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. The City Council shall petition the court to impose, assess, and recover such sums.
(c) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, implementing any other action against a user.
[Ord. of 5-5-2008]
The remedies provided for in this Part are not exclusive. The City 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 City may pursue other action against any user without limitation, including ex parte temporary judicial relief to prevent a violation of this Part. Further, the City is empowered to pursue more than one enforcement action against any noncompliant user.