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)