§ 110-162. Judicial enforcement remedies.

(a)

Injunctive relief. When the administrator determines that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the administrator may petition the court through the county's attorney to seek injunctive relief, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this division on activities of the user. The administrator 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)

Civil penalties.

(1)

A user who has violated, or continues to violate, any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the county for a minimum civil penalty of $1,000.00 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.

(2)

The administrator 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 county.

(3)

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.

(4)

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(c)

Criminal prosecution.

(1)

A user who willfully or negligently violates any provision of this division, 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 minimum fine of $1,000.00 per violation, per day, or imprisonment for not more than 60 days, or both.

(2)

A 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 and be subject to a penalty of a minimum of $1,000.00 per violation, per day, or be subject to imprisonment for not more than 60 days, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(3)

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 this division, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished by a minimum fine of $1,000.00 per violation, per day, or imprisonment for not more than 60 days, or both.

(4)

In the event of a second conviction, a user shall be punished by a minimum fine of $1,000.00 per violation, per day, or imprisonment for not more than 180 days, or both.

(d)

Remedies nonexclusive. The remedies provided for in this division are not exclusive. The administrator 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 county's enforcement response plan; however, the administrator may take other action against any user when the circumstances warrant. Further, the administrator is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 98-17, § 12, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)