13.12.180 Judicial enforcement remedies.
(1) Injunctive Relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter, permits or orders issued hereunder or other pretreatment requirements, the superintendent, through the city’s attorney, may petition the Circuit Court of the State of Oregon for the issuance of temporary or permanent injunction as may be appropriate, which restrains or compels the specific performance of the wastewater permit order or other requirement imposed by this chapter on activities of the industrial user. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the city. The court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(2) Civil Penalties. Any industrial user which has violated or continues to violate this chapter, any order or permit hereunder, or any other pretreatment requirement shall be liable to the superintendent for a maximum civil penalty in an amount to be set by council resolution per violation per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each business day during the period of this violation.
(a) The superintendent may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(b) 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 industrial user’s violation, corrective actions by the industrial user, the compliance history of the user, and any other factors as justice requires.
(c) Where appropriate, the superintendent may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the city and the industrial user’s expense in undertaking the project is at least 150 percent of the civil penalty.
(3) Criminal Prosecution.
(a) Any industrial user who willfully or negligently violates any provisions of this chapter, any orders or permits issued hereunder, or any other pretreatment requirement shall upon conviction be guilty of a misdemeanor, punishable by a fine in an amount to be set by council resolution per violation per day or imprisonment for not more than one year or both.
(b) Any industrial user who knowingly makes false statement, representations, or certifications in any application, record, report, plan or other documentation filled or required to be maintained pursuant to this chapter, or wastewater permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall upon conviction be punished by a fine in an amount to be set by council resolution per violation per day or imprisonment for not more than one year or both.
(c) In the event of a second conviction, the use shall be punishable by a fine in an amount to be set by resolution per violation per day or imprisonment for not more than three years or both. (Ord. 2014 § 1, 2017; Ord. 1770 § 2, 1991; Ord. 1104 § 8(J), 1958)