(a) A user which has violated or continues to violate a provision of this chapter, including a pretreatment standard or requirement, or a permit or order issued hereunder, shall be liable to the City for a maximum civil penalty of $10,000 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 City may recover reasonable attorneys’ fees, court costs, and other expenses associated with any emergency response, enforcement activities, additional monitoring and oversight, and costs of any actual damages to the City.

(c) In determining the amount of civil liability, the court shall take into account all relevant circumstances. The City shall provide the court a recommended civil penalty amount and its basis. This basis shall address, as available, the extent of harm caused, the magnitude and duration of the violation, any economic benefit gained, the timing of the user’s actions and responses, corrective actions by the user, and the users compliance history. The City will provide the range of penalty amounts its enforcement response plan suggests if it addresses the situation and provides such guidance. The City will provide any other facts the court requests or the City believes important for the court to have to render a just determination.

(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, any other action the City may take to resolve noncompliance by a user.

(a) A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall, upon conviction, be guilty of a gross misdemeanor, punishable by a fine of not more than $10,000 per violation, per day and costs of prosecution, or imprisonment for not more than 364 days, or both.

(b) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a gross misdemeanor and be subject to a penalty of a fine of not more than $10,000 per violation, per day and costs of prosecution, or imprisonment for not more than 364 days, or both. This penalty shall be in addition to any other criminal charges or judicial remedies, including remedies for causing personal injury, endangerment, or destruction of public property available under state law.

(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, 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, shall, upon conviction, be guilty of a misdemeanor punished by a fine of $1,000 per violation, per day, or imprisonment for not more than 90 days, or both.