Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this division, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the city manager may petition the courts 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 wastewater discharge permit, order, or other requirement imposed by this division on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.
(Ordinance 6444 adopted 1/3/22)
(a) 
Any user which has violated or continues to violate this division, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement, shall be liable to the city for a maximum civil penalty of five thousand dollars ($5,000.00) 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 manager may recover reasonable attorney’s 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, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of user, and any other factor as justice requires.
(d) 
Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.
(Ordinance 6444 adopted 1/3/22)
(a) 
Criminal prosecution is the formal process of charging individuals and/or organizations with violations of ordinance provisions, state statutes or federal laws.
(b) 
Any user that willfully or negligently violates any provision of this division, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine as provided in section 1.01.009 of this code per violation, per day.
(c) 
Any user that 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 division, wastewater discharge permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished by a fine as provided in section 1.01.009 of this code per violation, per day.
(d) 
The purpose of criminal prosecution is to punish noncompliance through court proceedings and to deter future noncompliance. The city attorney will enforce compliance with all ordinances in municipal court and will seek the assistance of the county attorney and/or U.S. Attorney’s office to enforce state statutes and federal laws.
(Ordinance 6444 adopted 1/3/22)
The provisions in sections 13.07.656, 13.07.657, and 13.07.658 are not exclusive remedies. The city reserves the right to 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. The enforcement response plan may be utilized in a variety of ways depending on the magnitude and type of industrial noncompliance. The city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
(Ordinance 6444 adopted 1/3/22)