Any person who violates any provision of this chapter, who discharges or causes pollution,
or who violates any cease and desist order, state or national law or regulation, or
any other order of the Director shall be civilly liable to the City in a sum not to
exceed twenty-five thousand dollars ($25,000) per violation per day. In addition,
the City may require the user to pay any excess costs to the system for supplementary
treatment systems, facilities, or operations needed as a result of allowing the entry
of such discharges into the storm water system.
The City may petition the Stanislaus County Superior Court to impose, assess, and
collect any sums levied pursuant to this chapter and Sections 54725, 54739, and 54740,
et seq. of the California Government Code. In determining the amount to be recovered,
the court shall take into consideration all relevant circumstances, including, but
not limited to, the extent of the harm caused by the violation, the economic benefit
derived through any noncompliance, the nature and persistence of the violation, the
length of time over which the violation occurs, and corrective action, if any, attempted
or taken by the discharger.
Notwithstanding any other provision of law, all civil penalties imposed by the court
pursuant to this paragraph shall be distributed to the City. Remedies imposed pursuant
to this section are in addition to and do not supersede or limit any and all other
administrative, civil, or criminal remedies available at law.
