§ 5-6.712. Civil Penalties.

Any user who has violated or continues to violate this chapter, any order or permit hereunder, or any other pretreatment requirement shall be liable to the Director for a maximum civil penalty of twenty-five thousand dollars ($25,000.00) 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.

(a)

The Director may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

(b)

In determining the amount of civil liability, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of damage caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(c)

Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, but no liability shall be recoverable under this section for any violation for which liability is recovered under Section 5-6.704.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)