A. A User which has violated, or continues to violate a provision of this Ordinance, including a Pretreatment Standard or requirement, or a permit or order issued hereunder shall be liable to the City for a maximum civil penalty of ten thousand dollars ($10,000) 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. Any such assessment, penalty, or charges shall constitute a lien against the individual User’s property.

B. The Director may recover reasonable attorneys’ fees, court costs, and other expenses associated with any emergency response, enforcement activities, additional monitoring and oversight, and costs of any actual damages to the City.

C. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, any other action the Director may take to resolve noncompliance by a User.

D. A User’s failure to pay such civil penalties shall constitute a violation of this Ordinance and be grounds for termination of water and sanitary sewer utility services and revocation of the wastewater discharge permit or other control document or mechanism. (Ord. M-3970 §2, 2010)