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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 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 /> 10.2 Civil Penalties <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 <br /> average 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. <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 /> 44 <br />