When the Town determines that a user has violated, or continues to violate, any provision of this regulation, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Town may petition the Middlesex Superior Court through the Town'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 regulation on activities of the user. The Town 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.
A.
A user who has violated, or continues to violate, any provision of this regulation, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the Town for a maximum civil penalty of $1,000 per violation, per day, plus actual damages incurred by the POTW in accordance with MGL c. 83, § 13. 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 Town 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 Town. The Town shall petition the court to impose, assess and recover such sums.
C.
In determining the amount of civil liability, the court shall consider 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, implementing any other action against a user.
Any person or industrial user who willfully or negligently violates any provision of this regulation or any orders or permits issued hereunder shall, upon conviction, be guilty of a violation, punishable by a fine not to exceed $10,000 for each violation. Every separate provision violated shall constitute a separate violation. Every day that a violation occurs shall be deemed a separate violation.
The remedies provided for in this regulation are not exclusive. The Town 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 Town's Enforcement Response Plan. However, the Town may pursue other action against any user without limitation, including ex parte temporary judicial relief to prevent a violation of this regulation. Further, the Town is empowered to pursue more than one enforcement action against any noncompliant user.