When the Town Administrator finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any pretreatment standard or requirement, the Town Administrator may petition the Rockingham Superior Court through the Town'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 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.
A.
A user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the Town of Derry for a maximum civil penalty of $10,000 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 Town Council 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 Town of Derry.
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.
The remedies provided for in this chapter are not exclusive. The Town Council may take any, all, or a combination of these actions or any other action the Town is authorized to take by federal, state, or local statute, rule or regulation against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the Town of Derry's enforcement response plan. However, the Town Council may take other action against any user when the circumstances warrant. Further, the Town Council is empowered to take more than one enforcement action against any noncompliant user.