8409-93 Amending Articles 1 & 2 of Chapter 17 Pretreatment Requirements the Public Sewers

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or discharge. The d City_ shall bill the discharger for the costs incurred by the City for any cleaning, repair or replacement work caused by the violation or discharge. Sec. 17-33 . Civil Penalties . ordinance shall be served by the City with written notice stating for the satisfactory correction thcr.cef. The offender shall, within the period of time stated in such notice, permanently cease all violations . (b) Any discharger found to be in violation of any provision - - Dollars ($500 . 0-0) for the first offcnsc; One Thousand Dollars -(44, 000 . 00) for the second offcnsc; Two Thousand Five Hundred Dollars ($2, 500 . 06) for each subsequent offcnsc. Each day in violation shall be considered a separate offense. -E-e)---Any person violating any of the provisions of this - - damage occasioned by the City by reason of such violation. (a) Any user which has violated or continues to violate this ordinance, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of Two Thousand Five Hundred Dollars ($2, 500 . 00) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. (b) The City may recover reasonable attorney' s fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. (c) In determining the amount of civil 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 user' s violation, corrective actions by the user, the compliance history of the user, and any other factor as -justice requires . (d) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user. Sec. 17-34 . Construction of Article. (a) All ordinances or parts of ordinances in conflict herewith are hereby repealcd. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given (b) (a) No statement contained in this article shall be construed as being amendatory to or taking precedence over the provisions of this code fixing the schedule of rates and charges to be collected by the City from the owners of property served by the wastewater collection and treatment system. Sec. 17-35 . Severability and Conflicts .