§ 94-30. Violations and Penalties; Civil Action.
If, in its order, the Board finds the user is in violation of, fails to comply with or has
failed to comply with any of the provisions of this Ordinance, including the willful
furnishing of false information relative to same, it may, in the order, in addition to
invoking the enforcement actions set forth in §94-22:
Subject the user to a civil penalty of not more than $1,000 for each violation, to
be recovered by the Board in a civil action in the nature of a debt if the user does
not pay the penalty within a prescribed period of time after he has been found to
be in violation of this Ordinance. When a user has been assessed a civil penalty
by the Board, he shall be notified of the assessment personally or by registered
or certified mail, return receipt requested.
Require the user making, causing or allowing the discharge to pay any costs or
expenses incurred by the County, which expenses may include, but not be
limited to, damage to the County sewerage system, extraordinary monitoring of
the wastes and extraordinary treatment measures or processing imposed on the
wastewater treatment by said discharge.
Require the user making, causing or allowing the discharge to pay any cost or
expense incurred by the County for any fine or penalty imposed on the County
by the state or federal government or agency thereof because of a violation of
the NPDES permit or damage to the environment that is attributed to said
Require the user making, causing or allowing the discharge to furnish a bond or
other security, with terms specified by the Board, to hold the County harmless
from any loss or expense that the County may incur as a result of such
noncompliance or any future noncompliance.
Recover reasonable attorney's fees and expenses incurred by the Board as a
result of its employing legal counsel to assist the County Engineer or the Board
in taking action pursuant to this article of this Ordinance.
If the user assessed fails to pay the amount of the civil penalty or assessment to the
County within 30 days after receipt of notice, or such longer period, not to exceed 180
days, as the Board may specify, the Board may institute a civil action to recover the
amount of the assessment in the General Court of Justice of the County in which the
violation occurred or, in the discretion of the County, in the County in which the person
assessed has his or its principal place of business.