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8-4-11: JUDICIAL ENFORCEMENT REMEDIES:
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This section is included in your selections.

When the manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the manager may petition the Washington County 5th district court through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement, imposed by this chapter on activities of the user. The manager may also seek such other and further relief in law or equity, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2016-11-005, 11-10-2016)

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A. A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the city for a maximum civil penalty of ten thousand dollars ($10,000.00) per violation, per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation.

B. The SGRWRF may recover reasonable attorney fees, court costs, interest, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any other actual damages incurred by the city.

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 of the violation, any economic benefit gained by the user from the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2016-11-005, 11-10-2016)

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The SGRWRF will refer to the state of Utah criminal violations of any pretreatment standards or permit conditions. The attorney general’s office for Utah will offer the city of St. George, wherein the violation occurred, the option to prosecute the violator. Should the local entity decline, the state or EPA, at their discretion, may initiate appropriate criminal action. The SGRWRF will assist the attorney general’s office or EPA any way it can with appropriate support for the action. The penalties set forth herein are in addition to any other cause of action for personal injury or property damage available under state or federal law.

A. A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, upon conviction, shall be guilty of a class A misdemeanor, punishable by a fine of not more than twenty five thousand dollars ($25,000.00) per violation, per day, or imprisonment for not more than one year, or both.

B. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage, upon conviction, shall be guilty of a class A misdemeanor and be subject to a penalty of not more than twenty five thousand dollars ($25,000.00) per violation, per day, or imprisonment for not more than one year, or both.

C. A user 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 chapter, 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 chapter, upon conviction, shall be guilty of a third degree felony, and be subject to a penalty of not more than fifty thousand dollars ($50,000.00) per violation, per day, or imprisonment for not more than five (5) years, or both.

D. In the event of a second or subsequent conviction, a user shall be punished by a fine of not more than fifty thousand dollars ($50,000.00) per violation, per day, or imprisonment for not more than five (5) years, or both. (Ord. 2016-11-005, 11-10-2016)

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The remedies provided for in this chapter are not exclusive. The SGRWRF may take any, all, or any combination of these actions, against a noncompliant user, simultaneously or otherwise. Enforcement of pretreatment violations generally will be in accordance with the SGRWRF’s enforcement response plan. However, SGRWRF may take other action against a user when the circumstances warrant. Further, SGRWRF is empowered to take more than one enforcement action against a noncompliant user. (Ord. 2016-11-005, 11-10-2016)