The director may seek injunctive relief when a user has violated, or continues to violate a provision of this chapter, including a pretreatment standard or requirement, or a permit or order issued hereunder. In such cases, the director may petition the superior court of Pierce County for temporary or permanent injunctive relief, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, control document, order, or other requirement imposed by this chapter on activities of the nondomestic user. The director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the nondomestic 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 nondomestic user.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
A nondomestic user which has violated, or continues to violate a provision of this chapter, including a pretreatment standard or requirement, or a permit or order issued hereunder shall be liable to the control authority for a maximum civil penalty of $5,000 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. Any such assessment, penalty, or charges shall constitute a lien against the individual user's property.
B. 
The director may recover reasonable attorneys' fees, court costs, and other expenses associated with any emergency response, enforcement activities, additional monitoring and oversight, and costs of any actual damages to the POTW.
C. 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, any other action the director may take to resolve noncompliance by a nondomestic user.
D. 
A nondomestic user's failure to pay such civil penalties shall constitute a violation of this chapter and be grounds for termination of sanitary sewer utility services and revocation of the wastewater discharge permit or other control document or mechanism.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
A nondomestic user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days in jail, or both.
B. 
A nondomestic 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. This penalty shall be in addition to any other criminal charges or judicial remedies, including remedies for causing personal injury, endangerment, or destruction of public property available under state law.
C. 
A nondomestic 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 chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a misdemeanor.
D. 
In the event of a second criminal conviction of this chapter, a nondomestic user shall, upon conviction, be guilty of a gross misdemeanor, punished by a fine of not more than $5,000 per violation, per day, or imprisonment for not more than 364 days in jail, or both.
(Ord. 1719 § 1 (Exh. A), 2024)
The remedies provided for in this chapter are not exclusive. The director 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 control authority's enforcement response plan.
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. 1719 § 1 (Exh. A), 2024)