§ 58-86. Civil penalties.

(a)

Any industrial user who has violated or continues to violate this article, any order or permit under this article or any other pretreatment requirement shall be liable to the superintendent for a maximum civil penalty of $1,000.00 per violation per day of F.S. ch. 95.11. For a monthly or other longterm average discharge limit, penalties shall accrue for each business day during the period of the violation.

(b)

The superintendent may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(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, 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.

(d)

Where appropriate, the superintendent may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the city and the industrial user's expense in undertaking the project is at least 150 percent of the civil penalty.

(Ord. No. 91-4, § 11.2, 12-11-1991)