Laserfiche WebLink
SECTION 10 - JUDICIAL ENFORCEMENT REMEDIES <br /> 10.1 Injunctive Relief <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 /> 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 /> 10.2 Civil Penalties <br /> A. A user which has violated or continues to violate any provision of this ordinance, <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 /> 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 /> 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 <br /> the user's violation, corrective actions by the user, the compliance history of the <br /> user, 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 <br /> taking any other action against a user. <br /> 55 <br />