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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 -15 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 />La) Injunctive Relief <br />When the Director, _finds that a User has violated, or continues to violate, <br />any provision of this ordinance, an individual wastewater discharge_ permit, or <br />order issued_her_eunderi_or any other Pretreatment Standard or Requirement, the <br />Director may 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 by this ordinance on activities of the User. The Director <br />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 <br />petition for injunctive relief shall not be a bar against: or a prerequisite for, taking <br />any other action against a User. <br />bbi Civil Penalties <br />LU A User who has violated, or continues to violate, any 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 long -term average dischgMe_li_mit, penalties shall accrue <br />for each day during the period of the violation. <br />Q The Director may recover reasonable attorneys' fees, court costs, and <br />other expenses associated with enforcement activities including sampling <br />and monitoring expenses, and the cost of any actual damages incurred by <br />the City.— <br />Q In determining the amount of civil liability the Court shall take into <br />account all relevant circumstances, including, but not limited to, the extent <br />of harm caused by the violation, the magnitude and duration of the <br />violation. any economic benefit gained through the User's violation <br />corrective actions by the User, the compliance history of the User, and any <br />other factor as justice requires. <br />75 <br />