§ 49-183. Judicial enforcement remedies.

(a)

Injunctive Relief- . When the division finds that a person has violated, or continues to violate, any provision of this article, a wastewater discharge permit, an order issued hereunder, or any other pretreatment standard or requirement, the division may request that the City Attorney petition the superior court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the person to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a person.

(b)

Civil Actions and Penalties.

(1)

Pursuant to A.R.S. § 9-500.21, and in addition to any other remedy or action, the City may enforce any violation of this article by filing a complaint in City court.

(i)

The penalty for a violation enforced pursuant to this subsection shall be a maximum fine of two thousand five hundred dollars ($2,500.00). In addition to the imposition of a civil fine, upon a finding of responsible, the court may order the violator to abate or correct the violation within a time frame specified by the court.

(ii)

The division director of Water Resources or his designee, Scottsdale police officers, or the City Attorney may issue civil complaints pursuant to this subsection.

(iii)

Filing a civil complaint pursuant to this subsection shall not be bar against, or a prerequisite for, the City taking any other action against a person.

(2)

Pursuant to A.R.S. § 49-391, the division may request the City Attorney to file a civil complaint in superior court to enforce and seek compliance with this article and recover civil penalties.

(i)

Pursuant to A.R.S. § 49-391, a person who has violated, or continues to violate, a wastewater discharge permit, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $25,000.00 per violation, per day. For continuing violations, each day may constitute a separate offense.

(ii)

In determining the amount of a civil penalty, the City and the court shall consider: (1) the seriousness of the violation; (2) the economic benefit, if any, resulting from the violation; (3) any history of such violation; (4) any good faith efforts to comply with the applicable requirements; (5) the economic impact of the penalty on the violator; and (6) such other factors as justice may require.

(iii)

Filing a civil complaint pursuant to this subsection shall not be bar against, or a prerequisite for, the City taking any other action against a person.

(iv)

Before any negotiated consent decree filed with the court becomes final, the City shall provide a period of thirty (30) days for public comment.

(c)

Criminal Prosecution.

(1)

A person who recklessly or negligently violates any provision of this article, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a Class 1 misdemeanor.

(2)

A person who recklessly or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a Class 1 misdemeanor. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(3)

A person who intentionally or knowingly makes any false statements, representations, or certifications in any application, survey, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, a wastewater discharge permit, or an order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be guilty of a Class 1 misdemeanor.

(4)

Upon conviction for a violation of this section, the court in addition to any other penalties authorized by law shall impose a fine of not less than one thousand dollars ($1,000.00) per violation. The court shall not suspend any part of any fine required by this section.

(5)

Any action by the City does not preclude or otherwise affect enforcement action that may be taken by a federal, state, or county agency.

(Ord. No. 4134, § 1(Res. No. 9629, Exh. A, § 4), 6-17-14; Ord. No. 4194, § 1(Res. No. 10054, § 1, Exh. A), 5-12-15; Ord. No. 4308, § 1(Res. No. 10799, § 1(Exh. A)), 5-23-17, eff. 7-1-17; Ord. No. 4338, § 1(Res. No. 11080, § 1, Exh. A), 5-22-18, eff. 7-1-18)