§ 34-120. Judicial remedies.

A person who violates any provision of this division is subject to the judicial remedies set forth in this section in addition to being responsible for a municipal civil infraction, a misdemeanor or an administrative remedy.

(1)

Injunctive relief. Whenever a user has violated or continues to violate the provisions of this division or a permit or order issued under this division, the control authority, through 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.

(2)

Civil fines.

a.

Any user who has violated or continues to violate this division or any order or permit issued under this division, may be liable to the POTW for a civil fine of up to $1,000.00, plus actual damages incurred by the POTW, per violation, per day, for as long as the violation continues depending on the application of the facts and circumstances of the violation. In addition to the penalty and damages set forth in this subsection, the POTW may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling, monitoring and analysis expenses.

b.

The control authority shall petition the court to impose, assess and recover such sums. In determining the amount of 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, 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.

(3)

Criminal prosecution.

a.

Violations generally.

1.

Any user who violates section 34-118 shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $500.00 or the maximum allowable under state law, per violation, per day, or imprisonment for not more than 90 days, or both such fine and imprisonment.

2.

In the event of a second conviction, the user shall be punishable by a fine not to exceed $500.00. or the maximum allowable under state law, per violation, per day, or imprisonment for not more than 90 days, or both such fine and imprisonment.

b.

Falsifying information. Any user who knowingly or intentionally makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this division or wastewater discharge permit, or who falsifies, tampers with or knowingly or intentionally renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished by a fine in an amount not to exceed $500.00 or the maximum allowable under state law, per violation, per day, or imprisonment for not more than 90 days, or both such fine and imprisonment.

(Ord. No. 330, § 1(14-86.5), 9-19-1996; Ord. No. 585, § 1, 6-21-2018)