14.24.130 Civil penalties.

(A) Any industrial user who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the city manager or his designee for a civil penalty of not more than twenty-five thousand dollars, but not less than one thousand dollars, plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the city manager or his designee may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.

(B) The city manager or his designee shall petition the court to impose, assess, and recover such sums. In determining amount of 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, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.