§ 24-134. Civil penalties.

(a)

A user who 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 shall be liable to the city for a maximum civil penalty of one thousand dollars ($1,000.00) per violation per day. In the case of monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation.

(b)

The superintendent 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 city.

(c)

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 actions by the user, the compliance history of the user, and any other factor as justice requires.

(d)

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(e)

All violations of this article will be prosecuted in the city municipal court.

(Ord. No. 11-97, 4-10-97)