Chapter 14.45
JUDICIAL ENFORCEMENT REMEDIES
Sections:
14.45.030 Criminal prosecution.
14.45.040 Remedies nonexclusive.
14.45.010 Injunctive relief.
When the Director finds that a user has violated or continues to violate any provision of this title, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may petition the Snohomish County Superior Court through the City’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this title on activities of the user.
The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. Injunctive relief shall be nonexclusive to other remedies available to the City. (Ord. 2381 § 9, 2005).
14.45.020 Civil penalties.
A. A user which has violated or continues to violate any provision of this title, or order issued hereunder, or any other pretreatment standard or requirement not reserved by a permit by the Department shall be liable to the City for a maximum civil penalty of $10,000 per violation. Said $10,000 penalty shall represent the standard penalty amount, absent the Director’s determination of mitigating circumstances as provided in subsection C of this section. Each day that any such violation exists or continues to exist shall constitute a separate violation. 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.
B. The Director may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, as well as the cost of any actual damages incurred by the City.
C. In determining the appropriate amount of civil liability, the Director in his or her sole discretion may consider 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. (Ord. 2381 § 9, 2005).
14.45.030 Criminal prosecution.
A. A user who violates any provision of this title, a wastewater discharge permit, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a gross misdemeanor, punishable by a fine of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense.
B. A user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a gross misdemeanor and be subject to a penalty of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this title, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this title shall, upon conviction, be guilty of a gross misdemeanor, and punished by a fine of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense.
D. In addition, the user shall be subject to all other applicable laws and regulations, including but not limited to:
1. The provisions of 18 USC 1001 relating to fraud and false statements;
2. The provisions of Section 309(c)(4) of the Clean Water Act, as amended governing false statements, representation, or certification; and
3. The provision of Section 309(c)(6) of the Clean Water Act, regarding responsible corporate officers. (Ord. 2381 § 9, 2005).
14.45.040 Remedies nonexclusive.
The provisions in this title are not exclusive remedies. The City reserves the right to take any, all, or any combination of these actions concurrently or sequentially against a noncompliant user or to take other actions as warranted by the circumstances. (Ord. 2381 § 9, 2005).