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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 <br />