§ 21-67. Judicial enforcement remedies.

(a) Injunctive relief. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this ordinance, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Superintendent may petition the Circuit Court in and for Polk County, Florida, through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user. 
(b) Civil penalties.

(1) The city shall be able to seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements. The city shall have the authority to seek or assess civil penalties in at least the amount of one thousand dollars ($1,000.00) a day for each violation by industrial users of pretreatment standards and requirements. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violations. 
(2) 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. 
(3) 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 economical 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. 
(4) Filing a suit for a civil penalty shall not be a prerequisite for taking any other action against a user. 

(c) Criminal prosecution.

(1) Any user that willfully or negligently violates any provision of this ordinance, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of at least one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than sixty (60) days or both. 
(2) Any user that willfully or negligently introduces any substance into the WWTP which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least one thousand dollars ($1,000.00) per violation per day and/or imprisonment for not more than sixty (60) days. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law. 
(3) Any user that 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 ordinance, wastewater discharge permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than sixty (60) days or both. 

(d) Remedies nonexclusive. The provisions in sections 21-66 through 21-68 are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
 

(Ord. No. 2022-49, § 1, 11-01-22)