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1 c. All steps taken or to be taken to reduce, eliminate and <br /> prevent recurrence of such an upset or other conditions of <br /> 2 noncompliance. <br /> 3 <br /> A documented and verified bona fide operating upset shall be an <br /> 4 <br /> affirmative defense to any enforcement action brought by the Director <br /> 5 <br /> against the Discharger for any noncompliance with the ordinance or any <br /> 6 <br /> Wastewater Discharge Permit issued pursuant hereto, which arises out of <br /> 7 <br /> violations alleged to have occurred during the period of the upset. <br /> 8 <br /> Section 10: PENALTIES. <br /> 9 <br /> A. Civil Penalties. Any Discharger who violates an order of the <br /> 10 <br /> Director, or who willfully or negligently fails to comply with (a) any <br /> 11 <br /> provision of this ordinance, or (b) any regulations, rule, or permit of the <br /> 12 <br /> City, issued pursuant to this ordinance, shall be liable to the City for <br /> 13 civil penalty. The amount of such civil penalty shall not be less than $250 <br /> 14 per violation nor more than $5,000 per violation. Each day upon which a <br /> 15 <br /> violation occurs or continues shall constitute a separate violation. Such <br /> 16 <br /> penalties may be recovered by judicial actions and/or, to the extent <br /> 17 <br /> permissible by state law, by administrative procedures. <br /> 18 <br /> In addition to the penalties provided herein, the City may recover <br /> 19 <br /> reasonable administrative costs, fees for wastewater testing, attorneys' <br /> 20 <br /> fees, court costs, court reporters' fees, and other expenses of litigation <br /> 21 <br /> against the person found to have violated this ordinance or the orders, <br /> 22 <br /> rules, and regulations issued hereunder . <br /> 23 <br /> Penalties shall be subject to the enforcement procedures provided under <br /> 24 <br /> Section 9 hereof. Collection of said penalties may be in accordance with <br /> 25 <br /> Section 7 hereof or any other remedies available at law. <br /> 26 <br /> B. Recovery of Costs Incurred by the City. Any Discharger <br /> 27 <br /> violating any of the provisions of this ordinance who discharges or causes a <br /> 28 <br /> discharge producing a deposit or obstruction or causes damage to or impairs <br /> 29 <br /> the City's wastewater disposal system shall be liable to the City for any <br /> 30 <br /> expense, loss, or damage caused by such violation or discharge. The <br /> 31 <br /> Director shall bill the Discharger for the cost incurred by the City for any <br /> 32 <br /> 21 <br />