A. 
When the Director finds that a user has violated, or continues to violate, any provision of these City Regulations, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may petition the Montana Eleventh Judicial District Court located in Flathead County 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 these City Regulations on activities of the user. The Director 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.
B. 
Suspension of Service:
1. 
The Director may use the POTW's emergency authority to suspend wastewater treatment service, after informal notice to the discharger, when such suspension is necessary, at the discretion of the Director, immediately and effectively to stop or prevent a discharge which reasonably appears to present an imminent endangerment to the health or welfare of persons. Additionally, after providing a written notice to the affected user and an opportunity to respond, the Director may use the POTW's emergency authority to halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment, or which threatens to interfere with the operation of the POTW. In addition, consistent with 40 CFR Section 403.8(f)(1)(vi)(A), the City shall seek injunctive relief for noncompliance by users of these City Regulations. The City shall also have the authority to seek or assess civil or criminal penalties in at least the amount of $3,000 a day for each violation by users of these City Regulations. The City shall provide any user in violation of this section with proper notice as stated in 40 CFR Section 403.8(f)(1)(vi)(B).
2. 
Any user notified of suspension of its wastewater treatment service and/or its wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, or in the event notification has been attempted but not accomplished, the Director may use the POTW's emergency authority to take such steps as deemed necessary, including the entry onto private property, for the purpose of immediately severing the sewer connection or otherwise ceasing the flow, to prevent or minimize damage to the POTW or endangerment to any individual. Neither the POTW, the City, the Director, or their officers, agents nor employees, shall be liable for any damages resulting from any such entry or flow cessation. The Director may reinstate the wastewater treatment service upon proof of the elimination of the noncomplying discharges. The user shall pay all POTW costs and expenses for any such suspension and restoration of service. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Director within 15 days of the date of occurrence.
(Ord. 1911, 7-17-2023)
A. 
A user who has violated, or continues to violate, any provision of these City Regulations, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a minimum civil penalty of $3,000 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 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.
(Ord. 1911, 7-17-2023)
A. 
A user who willfully or negligently violates any provision of these City Regulations, 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 at least $3,000 per violation, per day, or imprisonment for not more than six months, or both.
B. 
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 these City Regulations, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these City Regulations shall, upon conviction, be punished by a fine of at least $3,000 per violation, per day, or imprisonment for not more than six months, or both.
(Ord. 1911, 7-17-2023)
The remedies provided for in these City Regulations are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of violations will generally be in accordance with the sewer ERP. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 1911, 7-17-2023)