§ 86.132. Judicial enforcement remedies.

(a)

Injunctive relief. The city attorney is authorized to commence an action for equitable relief in a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate. Such injunctive relief may include:

(1)

An injunction to prevent a violation of this division;

(2)

An injunction to restrain or compel the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this division;

(3)

An injunction to require environmental remediation;

A petition for injunctive relief shall not be a bar against, or prerequisite for, taking any other action against a person for violations of this division.

(b)

Civil penalties. The city attorney is authorized to initiate a suit to commence an action for appropriate relief:

(1)

To recover a civil penalty of up to $1,000.00 per day per violation for a violation of this division except as otherwise authorized in subsection (b)(2);

(2)

To recover a civil penalty of up to $5,000.00 per day per violation for a violation of any section of this division relating to point source effluent limitations or the discharge of a pollutant other than from a non-point source into the city's sewer system; or

(3)

To recover expenses, loss or damage to the city's POTW or storm sewer resulting from a violation of this division or to city property; or

(4)

For other damages, costs and remedies and all other available relief to which the city may be entitled.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a person for violations of this division.

(c)

Criminal penalties.

(1)

A person violating this article 3, division 2 shall, upon conviction, be guilty of a Class C misdemeanor, punishable by a fine as provided in article I, general provisions, subsection 1.015(a).

(2)

A person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this division, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be guilty of a Class C misdemeanor and punished by a fine as provided in chapter 1, general provisions, subsection 1.015(a).

(d)

Remedies nonexclusive. The remedies provided for in this division are not exclusive.

(Ord. No. 2011-13, § 1, 4-19-11)