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SECTION VIII. The present version of Chapter 17, Division 3, Section 17-12 of the <br /> South Bend Municipal Code is renumbered as Section 17-16 inserted hereafter. Section 17-12 is <br /> now be amended to read in its entirety as follows: <br /> Sec. 17-12. Judicial Enforcement Remedies <br /> ,� Iniunctive Relief <br /> When the Director finds that a User has violated, or continues to violate, <br /> an�provision of this ordinance an individual wastewater dischar�e permit, or <br /> order issued hereunder or anv other Pretreatment Standard or Requirement, the <br /> Director ma�petition the St. Joseph Superior or Circuit Court for the issuance of a <br /> temporary or permanent injunction as appropriate which restrains or compels the <br /> specific performance of the individual wastewater discharge permit, or other <br /> requirement imposed bv this ordinance on activities of the User. The Director <br /> ma also seek such other action as is a ro riate for le al and/or e uitable relief <br /> includin�quirement for the User to conduct environmental remediation. A <br /> petition for injunctive relief shall not be a bar against or a prerequisite for, takin� <br /> any other action a�ainst a User. <br /> � Civil Penalties <br /> �1,� A User who has violated or continues to violate, an�provision of this <br /> ordinance an individual wastewater discharge permit, or order issued <br /> hereunder or any other Pretreatment Standard or Requirement shall be <br /> liable to the City for a maximum civil penalty of Two Thousand five <br /> Hundred Dollars ($2 500.00) per violation, per day. In the case of a <br /> monthly or other lon�-term avera�e discharge limit, penalties shall accrue <br /> for each da.�in�the period of the violation. <br /> � The Director may recover reasonable attorneys' fees, court costs, and <br /> other expenses associated with enforcement activities, including samplin� <br /> and monitorin� expenses, and the cost of any actual dama�Ls incurred bv <br /> the Citv. <br /> � In determinin� the amount of civil liability, the Court shall take into <br /> account all relevant circumstances, includin�, but not limited to, the extent <br /> of harm caused bv the violation, the ma�nitude and duration of the <br /> violation, an,�i economic benefit �ained through the User's violation, <br /> corrective actions by the User, the compliance historv of the User, and anv <br /> other factor as justice requires. <br /> 75 <br />