§ 19-102. Judicial enforcement remedies.

(a)

Injunctive relief. When the Administrator finds that a User has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Administrator may petition the circuit court through the County 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 article on activities of the User. The Administrator may also seek 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 other legal action against a User.

(b)

Civil penalties. A User who has violated, or continues to violate, any provisions of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the County for a maximum civil penalty of one thousand dollars ($1,000.00) a day for each violation by industrial Users of pretreatment standards and requirements. 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. The County 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 County. 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 action by the user, the compliance history of the user and any other factor as justice requires. 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. A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standards or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of at least one thousand dollars ($1,000.00) a day for each violation, or imprisonment for not more than sixty (60) days, or both. 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 at least one thousand dollars ($1,000.00) a day for each violation, or be subject to imprisonment for not more than sixty (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. 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 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 punished by a fine of at least one thousand dollars ($1,000.00) a day for each violation, or be subject to imprisonment for not more than sixty (60) days, or both.

(Ord. No. 02-28, § 20, 11-19-2002; Ord. No. 12-16, § II(Exh. A), 7-3-2012)