When the superintendent finds that a user has violated, or continues
to violate, any provision of this article, an individual wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the superintendent may petition the municipal
court 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 individual wastewater discharge permit,
order, or other requirement imposed by this article on activities
of the user. The superintendent 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,
taking any other action against a user.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
(a)
A user who has violated, or continues to violate, any provision
of this article, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement
shall be liable to the city for a maximum civil penalty of $6,000.00
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 superintendent 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 a prerequisite for, taking any other action against a user.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
(a)
A user who willfully or negligently violates any provision of
this article, an individual 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 $6,000.00 per violation, per day.
(b)
A user who willfully or negligently introduces any substance
into the POTW which causes personal injury or property damage shall,
upon conviction, be guilty of a misdemeanor and be subject to a penalty
of at least $2,000.00. 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 filed, or required to be maintained, pursuant to this
article, individual wastewater discharge permit, or order issued hereunder,
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this article shall, upon
conviction, be punished by a fine of not more than $6,000.00 per violation.
(d)
In the event of a second conviction, a user shall be punished
by a fine of not more than $6,000.00 per violation.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
The remedies provided for in this article are not exclusive.
The superintendent 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 superintendent may take other action against any
user when the circumstances warrant. Further, the superintendent is
empowered to take more than one enforcement action against any noncompliant
user.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
