§ 22-182. Judicial remedies.

If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of this article or any order or permit issued hereunder, the superintendent, through the city attorney, may commence an action for appropriate legal and/or equitable relief in the Circuit Court for Effingham County.

(1)

Injunctive relief. Whenever an industrial user has violated or continues to violate the provisions of this article or permit or order issued hereunder, the superintendent, through counsel may petition the court for issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user.

(2)

Civil penalties.

a.

Any industrial user who has violated or continues to violate this article or any order or permit issued hereunder, shall be liable to the POTW for a civil penalty of not more than (maximum allowable under state law, e.g., ten thousand dollars ($10,000.00) but at least one thousand dollars ($1,000.00)), plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the POTW may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling, monitoring and analysis expenses.

b.

The superintendent shall petition the court to impose, assess, and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, and any other factor as justice requires.

(Ord. No. 5-2011, Art. VI, 1-18-2011)