Laserfiche WebLink
(b) Judicial Remedies <br />If any person discharges sewage, industrial wastes, or other <br />wastes into the wastewater disposal system contrary to the <br />provisions of this Ordinance or any order or permit issued <br />hereunder, the Superintendent, through the City Attorney, may <br />commence an action for appropriate legal and/or equitable <br />relief in the Common Pleas Court for Cuyahoga County. <br />(1) Injunctive Relief <br />Whenever an industrial user has violated or continues to <br />violate the provisions of this Ordinance or permit or order <br />issued hereunder, the Superintendent, through counsel may <br />petition the Court for the issuance of a preliminary or <br />or permanent injunction or both (as may be appropriate) which <br />restrains or compels the activities on the part of the <br />industrial user. The Superintendent shall have such remedies <br />to collect these fees as it has to collect other sewer <br />service charge. <br />(2) Civil Penalties <br />A. Any industrial user who has violated or continues to violate <br />this Ordinance or arty order or permit issued hereunder, shall <br />be liable to the Superintendent for a civil penalty of not more <br />than $10,000 but at least $1000,p1us actual damages incurred <br />by the POTW per violation per day for as long as the violation <br />continrues. In addition to the above described penalty and <br />damages, the Superintendent may recover reasonable attorney's <br />fees, court costs, and other expenses associated with the <br />enforcement activities, including sampling and monitoring <br />expenses. <br />B. The Superintendent shall permit the Court to impose, assess, <br />and recover such sums. In determining amount of liability, <br />the Court shall take into account all relevant circumstances, <br />including, but not limited to, the extent of harm caused by <br />the violation, the magnitude and duration, any economic benefit <br />gained through the industrial user's violation, corrective <br />actions by the industrial user, the compliance history of the <br />user, and any other factor as justice requires. <br />(3) Criminal Prosecution <br />A. Violations - Generally <br />1. Any industrial user who willfully or negligently <br />violates any provision of this Ordinance or any <br />order or permits issued hereunder shall upon <br />conviction, be guilty of a misdemeanor, punishable <br />by a fine not to exceed $1,000.00 per violation per <br />day or imprisonment for not more than one year or <br />both. <br />- 12 - <br />