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29 <br /> <br />SECTION 7 - JUDICIAL ENFORCEMENT REMEDIES <br /> <br />7.1 Injunctive Relief <br /> <br /> When the Director finds that a user has violated or continues to violate any provision of <br />this ordinance, a wastewater discharge permit, or order issued hereunder, or any other <br />pretreatment standard or requirement, the Director may petition the Snohomish County <br />Superior Court through the City's Attorney for the issuance of a temporary or permanent <br />injunction, as appropriate, which restrains or compels the specific performance of the <br />wastewater discharge permit, order, or other requirement imposed by this ordinance on <br />activities of the user. <br /> <br /> The City may also seek such other action as is appropriate for legal and/or equitable relief, <br />including a requirement for the user to conduct environmental remediation. A petition for <br />injunctive relief shall not be a bar against, or a prerequisite for, taking any other action <br />against a user. Injunctive relief shall be nonexclusive to other remedies available to the <br />City. <br /> <br />7.2 Civil Penalties <br /> <br />A. A user which has violated or continues to violate any provision of this ordinance, a <br />wastewater discharge permit, or order issued hereunder, or any other pretreatment <br />standard or requirement shall be liable to the City for a maximum civil penalty of <br />$10,000 per violation, per day. In the case of a monthly or other long-term average <br />discharge limit, penalties shall accrue for each day during the period of the <br />violation. <br />B. The Director may recover reasonable attorneys' fees, court costs, and other <br />expenses associated with enforcement activities, including sampling and <br />monitoring expenses, and the cost of any actual damages incurred by the City. The <br />City may also add the monetary value of any economic benefit the user gained <br />through noncompliance to the penalty. <br />C. In determining the amount of civil liability, the Court shall take into account all <br />relevant circumstances, including, but not limited to, the extent of harm caused by <br />the violation, the magnitude and duration, any economic benefit gained through the <br />user's violation, corrective actions by the user, the compliance history of the user, <br />and any other factor as justice requires. <br />D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking <br />any other action against a user. <br />