§ 37-750. Judicial enforcement.

(a)

Injunctive relief. In addition to any other remedies available to the county, when the director finds that a person or user has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the county may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial wastewater discharge permit, waste hauler operation permit, enforcement order, or other requirement imposed by this article on the activities of the user. The director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(b)

Civil penalties assessed by court of law.

(1)

A person or user who has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or waste hauler operating permit, shall be liable to the county for a maximum civil penalty permitted under the county's ERP as described in section 37-749 of this article, of two thousand dollars ($2,000.00) per violation (per pollutant), per day, for as long as the violation continues, but not less than one thousand dollars ($1,000.00) per violation (and where applicable, per pollutant), per day, plus actual damages incurred by the county per violation. 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.

(2)

The director may recover court costs, and other expenses associated with enforcement activities, including sampling, monitoring and laboratory expenses, and the cost of any actual damages incurred by the county.

(3)

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.

(4)

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user, including the imposition of penalties under section 37-749(g) of this article and as defined in the county's ERP.

(c)

Criminal prosecution.

(1)

A person or user who willfully or knowingly violates any provision of this article, an industrial wastewater discharge permit, an enforcement order issued hereunder, a waste hauler operating permit, or any other pretreatment standard or requirement shall, upon conviction, be punished by a fine not less than one thousand dollars ($1,000.00) per violation, per day, per Chapter 62-625.500(2)(A)5.a, F.A.C., and shall not exceed the maximum fine amount of two thousand dollars ($2,000.00) per violation, per day, or imprisonment in the county jail for a term not exceeding sixty (60) days, or both by such fine and imprisonment, per F.S. § 125.69.

(2)

A person or user who willfully or knowingly introduces any substance into the county WWF which causes personal injury or property damage shall, upon conviction, be punished by a fine not less than one thousand dollars ($1,000.00) per violation, per day, per Chapter 62-625.500(2)(A)5.a, F.A.C., and shall not exceed the maximum fine amount of two thousand dollars ($2,000.00) per violation, per day, or imprisonment in the county jail for a term not exceeding sixty (60) days, or both by such fine and imprisonment, per F.S. § 125.69. The penalty shall be in addition to any other cause of action for personal injury or property damage available under state or federal law.

(3)

A person or user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, the industrial wastewater discharge permit, waste hauler operating permit, enforcement order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine not less than one thousand dollars ($1,000.00) per violation, per day, per Chapter 62-625.500(2)(A)5.a, F.A.C., and shall not exceed the maximum fine amount of two thousand dollars ($2,000.00) per violation, per day, or by imprisonment in the county jail for a term not exceeding sixty (60) days, or both such fine and imprisonment, per F.S § 125.69.

(4)

With respect to violations of this article that are continuous with respect to time, each day the violation continues is a separate offense. As such, a person or user can, upon conviction, be punished by a fine not less than one thousand dollars ($1,000.00) per violation, per day, per Chapter 62-625.500(2)(A)5.a, F.A.C., and shall not exceed the maximum fine amount of two thousand dollars ($2,000.00) per violation, per day, or by imprisonment in the county jail for a term not exceeding sixty (60) days, or both such fine and imprisonment, per F.S § 125.69.

(d)

Remedies nonexclusive. The remedies provided for in this article are not exclusive. The director may take any, all, or any combination of the actions outlined in this article against a noncompliant user. Enforcement of pretreatment violations shall generally be in accordance with the county's ERP. However, the county may take other action against any user or waste hauler when the circumstances warrant as authorized by the county charter or code of ordinances, or state or federal law. Further, the director is hereby authorized to take more than one (1) enforcement action authorized herein against any noncompliant person, user or waste hauler.

(Ord. No. 2002-20, § 1, 12-3-02; Ord. No. 2009-19 , § 6, 7-14-09)