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ORDINANCE NO. 2012-007
<br />(5) Violation of the pretreatment standards in sections 201.66; 201.67; and 201.68 of this part.
<br />(B) Such user will be notified of the proposed termination of its discharge and be offered an
<br />opportunity to show cause under section 201.83(C) of this part why the proposed action should not be
<br />taken. Exercise of this option by the county administrator shall not be a bar to, or a prerequisite for,
<br />taking any other action against the user.
<br />Section 201.87. Judicial enforcement remedies.
<br />(A) Injunctive relief. When the county administrator finds that a user has violated, or continues to
<br />violate, any provision of this part, a wastewater discharge permit, or order issued hereunder, or any
<br />other pretreatment standard or requirement, the county administrator may petition the circuit court
<br />through the county attorney for the issuance of a temporary or permanent injunction, as appropriate,
<br />which restrains or compels the specific performance of the wastewater discharge permit, order, or other
<br />requirement imposed by this part on activities of the user. The county administrator may also seek such
<br />other action as is appropriate for legal and/or equitable relief, including a requirement for the user to
<br />conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a
<br />prerequisite for, taking any other action against a user.
<br />(B) Civil penalties. A user who has violated, or continues to violate, any provision of this part, a
<br />wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or
<br />requirement shall be liable to the county for a maximum civil penalty of not less than one thousand
<br />dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge
<br />limit, penalties shall accrue for each day during the period of the violation. The county may recover
<br />reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities,
<br />including sampling and monitoring expenses, and the cost of any actual damages incurred by the
<br />county. In 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, the magnitude
<br />and duration of the violation, any economic benefit gained through the user's violation, corrective
<br />actions by the user, the compliance history of the user, and any other factor as justice requires. Filing a
<br />suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a
<br />user.
<br />(C) Criminal prosecution.
<br />(1) A user who willfully or negligently violates any provision of this part, a wastewater discharge
<br />permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon
<br />conviction, be guilty of a misdemeanor, punishable by a fine of at least one thousand dollars ($1,000.00)
<br />per day/per violation in accordance with Rule 62-625.500(2)(a)5.a, FAC, not to exceed the maximum of
<br />two thousand dollars ($2,000.00) per day in accordance with F.S. § 125.69(1).
<br />Coding: Words/letters/numbers underlined are additions to text; words/letters/numbers in
<br />stFii gk► format are deletions to text.
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