(1) A user which has violated or continues to violate a provision of this chapter, including a pretreatment standard or requirement, or a permit or order issued hereunder shall be liable to the Town for a maximum civil penalty of $500.00 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.

(2) The Town 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 Town.

(3) In determining the amount of civil liability, the court shall take into account all relevant circumstances. The Public Works Superintendent shall provide the court a recommended civil penalty amount, and its basis. This basis shall address, as available, the extent of harm caused, the magnitude and duration of the violation, any economic benefit gained, the timing of the user’s actions and responses, corrective actions by the user, and the user’s compliance history. The Public Works Superintendent will provide the range of penalty amounts its enforcement response plan suggests if it addresses the situation and provides such guidance. The Public Works Superintendent will provide any other facts the court requests, or the Public Works Superintendent believes important for the court to have to render a just determination.

(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, any other action the Public Works Superintendent may take to resolve noncompliance by a user. (Ord. 445-N, §1, 2014)