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63 <br /> <br />SECTION 10 - JUDICIAL ENFORCEMENT REMEDIES <br /> <br />10.1 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 <br />County Superior Court through the City's Attorney for the issuance of a temporary or <br />permanent injunction, as appropriate, which restrains or compels the specific <br />performance of the wastewater discharge permit, order, or other requirement imposed <br />by this ordinance on activities of the user. <br /> <br /> The City may also seek such other action as is appropriate for legal and/or equitable <br />relief, including a requirement for the user to conduct environmental remediation. A <br />petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any <br />other action against a user. Injunctive relief shall be nonexclusive to other remedies <br />available to the City. <br /> <br />10.2 Civil Penalties <br /> <br />A. A user which has violated or continues to violate any provision of this o rdinance, <br />a wastewater discharge permit, or order issued hereunder, or any other <br />pretreatment standard or requirement shall be liable to the City for a maximum <br />civil penalty of $10,000 per violation, per day. In the case of a monthly or other <br />long-term average discharge limit, penalties shall accrue for each day during the <br />period of the violation. <br /> <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. <br />The City may also add the monetary value of any economic benefit the user <br />gained through noncompliance to the penalty. <br /> <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 <br />by the violation, the magnitude and duration, any economic benefit gained <br />through the user's violation, corrective actions by the user, the compliance <br />history of the user, and any other factor as justice requires. <br /> <br />D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for <br />taking any other action against a user.