Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this Part 2, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Commissioners may petition the Court of Chancery of the State of Delaware, in and of Sussex County, 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 imposed by this Part 2 on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the town. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.
A. 
Any user which has violated or continues to violate this Part 2, any order or wastewater discharge permit hereunder or any other pretreatment standard or requirement shall be liable to the Commissioners for a maximum civil penalty of one thousand dollars ($1,000.) 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 Commissioners may recover reasonable attorney's 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.
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 and 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 prerequisite for taking any other action against a user.
The provisions in § 190-62 and Articles X through XII are not exclusive remedies. The town reserves the right to take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the town's enforcement response plan. However, the town reserves the right to take other action against any user when the circumstances warrant. Further, the town is empowered to take more than one (1) enforcement action against any noncompliant user. These actions may be taken concurrently.