§ 18-282. Civil penalties.

(a)

Any user which violated or continues to violate this article, and any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the director of utilities for a maximum civil penalty of two thousand dollars ($2,000.00) per violation per day. In the case of a monthly or long term average discharge limit, penalties shall accrue for each day during the period of the violation.

(b)

The director of utilities may recover reasonable city 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 of Ennis, Texas.

(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 factors as justice requires.

(d)

Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.

(Ord. No. 11-11-01, § 2, 11-21-2011)

Editor's note

Ord. No. 11-11-01, §§ 1, 2, adopted Nov. 21, 2011, repealed the former § 18-282, and enacted a new § 18-282 as set out herein. The former § 18-282 pertained to similar subject matter and derived from Ord. No. 10-03-01, 3-15-2010.