A. Violation of any provision of BC Chapters 15.20 through 15.80, a wastewater discharge permit or order, or any other pretreatment standard or requirement is a civil infraction with a maximum civil penalty of $2,500 per violation, for each day the violation persists. The violation shall be enforced through the civil infraction procedures of this code. In a proceeding under this section, the City shall not be required to prove that the user has acted intentionally, knowingly or willfully. The City shall be required to prove that the violation occurred, but the user’s mental state shall not be an element of proving the violation.

B. The City may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City, in addition to the civil penalty.

C. In determining the amount of the civil penalty, the Municipal 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, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

D. Initiation of a civil infraction proceeding shall not be a bar against, or a prerequisite for, taking any other action against a user. [Ord. NS-2182, 2012]