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<br />e <br /> <br />. <br /> <br />D. Refusal of reasonable access to the user's premises for the purpose of <br />inspection, monitoring or sampling. <br /> <br />E. Violation of the pretreatment standards in Section 2 of this ordinance. <br /> <br />F. When compliance has not been met on a NIS letter. Such user will be <br />notified of the proposed termination of its discharge and be offered an <br />opportunity to show cause under this Section 10.3 of this ordinance why <br />the proposed action should not be taken. <br /> <br />SECTION 11 JUDICIAL ENFORCEMENT REMEDIES <br /> <br />11.1 Injunctive Relief <br /> <br />Whenever the user has violated a pretreatment standard or requirement, or <br />continues to violate the provisions of this ordinance, wastewater discharge permit <br />or orders issued hereunder, or any other pretreatment requirement, the Director <br />may petition any court of competent jurisdiction through the City Attorney for the <br />issuance of a temporary or permanent injunction, as appropriate, which restrains <br />or compels the specific performance of the wastewater discharge permit, order, or <br />other requirement imposed by this ordinance on activities of the industrial user. <br />Such other action as appropriate for legal and/or equitable relief may also be <br />sought by the City. A petition for injunctive relief need be filed as a prerequisite <br />to taking any other action against a user. <br /> <br />11.2 Civil Penalties <br /> <br />A. Any user which has violated or continues to violate this ordinance, any <br />order or wastewater permit hereunder, or any other pretreatment standard <br />or requirement shall be liable to the City for a maximum civil penalty of <br />$2000.00 (Two Thousand Dollars) per violation per day. In the case of a <br />monthly or other long-term average discharge limit, penalties shall accrue <br />for each day during the period of the violation. <br /> <br />B. The City may recover reasonable attorney's fees, court costs, and other <br />expenses associated with enforcement activities, including sampling and <br />monitoring expenses, and the cost of any actual damages incurred by the <br />City. <br /> <br />C. In determining the amount of civil liability, the court shall take into <br />account all relevant circumstances, including but not limited to, the extent <br />of harm caused by the violation, the magnitude and corrective action by <br />the user, the compliance history of the user, and other factor as justice <br />reqwres. <br />D. Filing a suit for civil penalties shall not be a prerequisite for taking any <br />other action against a user. <br /> <br />34 <br />