When the director finds that a user has violated or continues
to violate any provision of this division, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, the director may petition the appropriate court with
jurisdiction through the city 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. The director may also
seek such other action as is appropriate for legal and/or equitable
relief, including penalties and/or fines authorized by the state and
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.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) A
user who has violated, or continues to violate, any provision of this
division, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement shall
be liable to the city for a penalty of not more than $1,000.00 per
violation, per day.
(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 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 prerequisite
for, taking any other action against a user.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) A
user who is found to have violated any provision of this division,
a 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 $2,000.00
per violation, per day.
(b) A
user who willfully or with gross negligence introduces any substance
into the POTW(s) which causes personal injury or property damage shall,
upon conviction, be guilty of a misdemeanor and be subject to a penalty
of not more than $2,000.00 per violation per day. 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 files, are required to be maintained, pursuant to this
division, wastewater discharge permit, or order issued hereunder,
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 of not more than $2,000.00 per violation,
per day.
(d) Criminal responsibility.
(1) If conduct constituting an offense is performed by an “agent”
acting in behalf of a corporation, partnership, or association and
within the scope of his or her office or employment, the corporation,
association, or partnership is criminally responsible for the offense.
An “agent” means a director, officer, employee, or other
person authorized to act on behalf of a corporation, association,
or partnership.
(2) An individual is criminally responsible for conduct that he or she
performs in the name of or on behalf of a corporation, partnership,
or association to the same extent as if the conduct were performed
in his or her own name or behalf.
(3) A person commits an offense if the person intentionally, knowingly,
recklessly, or with criminal negligence engages in conduct or fails
to perform as required by this division. A person is on notice of
any regulation, ordinance, statute, or act adopted by the city, state,
or United States Government prior to the conduct or failure to perform
by the person shall be with knowledge by the person of such regulation,
ordinance, statute, or act. The person shall also be on prior notice
of any oral or written communication by the director that is personally
delivered, posted, or mailed by certified mail to the person or its
agents. Any commission of such act or failure to perform with such
prior notice shall be done knowingly and with criminal responsibility.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
All of the remedies contained herein are cumulative and the
director is authorized to use any, all, or any combination of the
remedies at any time and is not required to use any remedy or administrative
procedure prior to utilizing any other remedy against a noncompliant
user.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)