Fines for breaking wastewater pretreatment rules

A. Any person violating any provisions of this article, any order, or permit issued hereunder, or any other pretreatment standard or requirement, shall be liable for a civil penalty of not less than $1,000 per violation per day; except that in cases where such offense shall continue after written notice from the director of such violation, each day's continuance of the same shall constitute a separate offense. 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. In determining the amount of the fine, the director shall consider the seriousness of the violation or violations, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the fine on the violator, and such other considerations, that the director determines in the exercise of the director's discretion, are relevant to the amount of the fine. B. The County 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 County. 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 through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. D. Unpaid fines, penalties, fees, costs, and other expenses shall, after thirty calendar days, be assessed an additional penalty of 5 percent of the unpaid balance, and interest shall accrue thereafter at a rate of 5 percent per month. Any unpaid fines, penalties, fees, costs, and other expenses shall be recorded as a lien upon the violator's property for which the fines, penalties, fees, costs, and other expenses were assessed. E. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 2760 § 4 (part), 1999)