If any user discharges sewage, industrial wastewater
or wastes into the City's POTW in violation of or contrary to the
provisions of this chapter or any order or permit issued hereunder,
the Commissioner of Public Works and/or the Director of Utilities
or their designee, through Corporation Counsel, may commence an action
for appropriate legal and/or equitable relief in a court of competent
jurisdiction.
Whenever a user has violated or continues to
violate the provisions of this chapter or permit or order issued hereunder,
the Commissioner of Public Works and/or the Director of Utilities
or their designee, through Corporation Counsel, may petition the court
for the issuance of a preliminary or permanent injunction, or both
(as may be appropriate), which restrains or compels the activities
on the part of the user.
Any user who has violated or continues to violate
this chapter or any permit or order issued hereunder shall be liable
to the Commissioner of Public Works and/or the Director of Utilities
or their designee for a civil penalty of not more than $5,000 per
violation per day to be recovered in a court of competent jurisdiction
in the name of the City. Each day in which any such violation shall
continue shall be deemed a separate offense subject to additional
civil penalties. In addition to the above-described penalty, the Commissioner
of Public Works and/or the Director of Utilities or their designee
may recover reasonable attorney's fees, court costs and other expenses
associated with enforcement activities, including sampling and monitoring
expenses.