211.4 - Remedies nonexclusive.
When the Commissioner finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Commissioner may petition the Court of Chancery through the City's Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, the general permit, order, or other requirement imposed by this ordinance on activities of the User. The Commissioner 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.
A.
A User who has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the City for a civil penalty of not less than $1,000 nor more than $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.
B.
The Commissioner may recover reasonable attorneys' 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 Superior 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.
A.
A User who willfully or negligently violates any provision of this ordinance, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than $2,500 nor more than $25,000 per violation, per day or imprisonment for not more than 1 year, or both.
B.
A User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a Class D Felony and sentenced in compliance with guidelines established for Class D Felonies in Section 4205 of Title 11 and be subject to a penalty of not less than $2,500 nor more than $25,000 or imprisonment for not more than 1 year, or both. Any 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 ordinance, individual wastewater discharge permit, or general permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than $500 nor more than $10,000 per violation, per day or imprisonment for not more than 2 years, or both.
D.
In the event of a second conviction, a User shall be punished by a fine of not less than double the original minimum and not more than double the original maximum per violation, per day, and not more than double the original maximum period of imprisonment, or both.
211.4 - Remedies nonexclusive.
The remedies provided for in this ordinance are not exclusive. The Commissioner may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Commissioner may take other action against any User when the circumstances warrant. Further, the Commissioner is empowered to take more than one enforcement action against any noncompliant User.