(1) A user who has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit or order issued hereunder, or any pretreatment standard or requirement shall be liable to Provo City for a maximum civil penalty of ten thousand dollars ($10,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(2) In the event that a user discharges such pollutants which cause Provo City to violate any conditions of its UPDES permit and Provo City is fined by the EPA or the State of Utah for such violations, then such user shall be fully liable for the total amount of the fines and civil penalties assessed against Provo City by the EPA or the State of Utah and administrative costs incurred.

(3) The Provo City Industrial Pretreatment Coordinator 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 damage incurred by Provo City.

(4) In determining the amount of civil liability, 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, 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.

(5) Filing a suit for civil penalties shall not be a bar against, or prerequisite for, taking any other action against a user.