§ 90-134. Penalties, civil and criminal remedies.

In addition to the administrative fines provided in section 90-132, the city commission is hereby authorized to institute any appropriate action or proceeding, including issuing compliance schedules to the user, suit for injunctive relief and civil penalties in at least the amount of $1,000.00 per day per violation, in order to prevent or abate violations of this article. The city 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 city.

(1)

Injunctive relief. When the city finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued under this article, or any other pretreatment standard or requirement, the city may petition the circuit court through the city 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 city 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.

(2)

Criminal prosecution.

a.

A user who willfully or negligently violates any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be punishable by a fine of not more than the maximum fine allowed under state law per violation, per day, or imprisonment, or both.

b.

A user who willfully or negligently introduces any substance into the WWF which causes personal injury or property damage shall, upon conviction, be subject to a penalty of at least the maximum fine allowable under state law, or be subject to imprisonment, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

c.

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 article, wastewater discharge permit, or order issued under this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than the maximum fine allowable under state law per violation, per day, or imprisonment or both.

d.

In the event of a second conviction, a user shall be punished by a fine of not more than the maximum fine allowable under state law per violation, per day, or imprisonment, or both.

(3)

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

(Ord. No. 4414-12, § 1, 4-2-2012)