ORDINANCE NO. 2007-013
<br />SECTION 29. CREATION OF NEW SECTION 201.87 OF THE CODE
<br />Commencing on the Effective Date of this Ordinance, the following section is created to
<br />read as follows:
<br />Section 201.87. Judicial Enforcement Remedies
<br />(A) Injunctive Relief. When the County Administrator finds that a user has violated, or
<br />continues to violate, any provision of this Ordinance, a wastewater discharge permit, or
<br />order issued hereunder, or any other pretreatment standard or requirement, the County
<br />Administrator may petition the Circuit Court through the County Attorney for the
<br />issuance of a temporary or permanent injunction, as appropriate, which restrains or
<br />compels the specific performance of the wastewater discharge permit, order, or other
<br />requirement imposed by this Ordinance on activities of the user. The County
<br />Administrator may also seek such other action as is appropriate for legal and/or
<br />equitable relief, including a requirement for the user to conduct environmental
<br />remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite
<br />for, taking any other action against a user.
<br />(B) Civil Penalties. A user who has violated, or continues to violate, any provision of
<br />this Ordinance, a wastewater discharge permit, or order issued hereunder, or any other
<br />pretreatment standard or requirement shall be liable to the County for a maximum civil
<br />penalty of not less than $1,000 per violation, per day. In the case of a monthly or other
<br />long-term average discharge limit, penalties shall accrue for each day during the period
<br />of the violation. The County may recover reasonable attorneys' fees, court costs, and
<br />other expenses associated with enforcement activities, including sampling and
<br />monitoring expenses, and the cost of any actual damages incurred by the County. In
<br />determining the amount of civil liability, the Court shall take into account all relevant
<br />circumstances, including, but not limited to, the extent of harm caused by the violation,
<br />the magnitude and duration of the violation, any economic benefit gained through the
<br />user's violation, corrective actions by the user, the compliance history of the user, and
<br />any other factor as justice requires. Filing a suit for civil penalties shall not be a bar
<br />against, or a prerequisite for, taking any other action against a user.
<br />(C) Criminal Prosecution.
<br />(1) A user who willfully or negligently violates any provision of this Ordinance, a
<br />wastewater discharge permit, or order issued hereunder, or any other pretreatment
<br />standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable
<br />by a fine of at least One Thousand Dollars ($1000.00) per day/per violation in
<br />accordance with Rule 62-625.500(2)(a)5.a, FAC, not to exceed the maximum of Two
<br />Thousand Dollars ($2,000.00) per day in accordance with Section 125.69(1), Florida
<br />Statutes.
<br />(2) Any customer who willfully or negligently introduces any substance into the
<br />wastewater system that causes personal injury or property damage shall, upon
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