§ 5-6-202. Civil penalties.

(a)

The owner and the operator of any user which has violated any provision of this division, of a wastewater discharge permit, or of an order issued hereunder, or any other pretreatment standard or requirement shall, in lieu of any criminal penalty, be liable for a civil penalty of up to $1,000 for each violation. An action seeking civil penalties may be filed by the city or the authority in the Circuit Court for the City of Alexandria. Where a monthly or other long-term average discharge limit has been violated, each day during the applicable monthly or other long-term period shall constitute a separate violation. Also, violations of different provisions of this division, of a discharge permit, or of an order, and violations of different requirements of a pretreatment standard, shall constitute separate violations.

(b)

In determining the amount of the civil penalty to be assessed, 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, the economic benefit gained by the user through its violation, the corrective actions taken by the user, the compliance history of the user, and any other factor as justice may require.

(c)

In addition to the civil penalty provided in subsection (a), the city and the authority may commence an action against the owner and the operator in the Circuit Court of City of Alexandria for appropriate legal or equitable relief, including but not limited to injunctive under section 5-6-203 and monetary damages.

(d)

The filing of a suit for civil penalties shall not be a prerequisite for taking or initiating any other enforcement action against a user; nor shall it be a bar against an action for injunctive relief under section 5-6-203. (Ord. No. 4501, 10/13/07, Sec. 1)