1. A user who has violated, or continues to violate, any civil provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a civil penalty in at least the amount of $1,000 a day for each violation. 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. Each day that a violation exists or continues constitutes a separate citable civil offence and infraction that gives rise to a separate civil penalty.

2. The City is entitled to recover its reasonable costs of enforcement of this chapter, including its attorneys’ and expert witness and consultant fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages or penalties for POTW noncompliance caused by the user’s noncompliance incurred by the City.

3. 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.

4. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, the City’s taking any other action against a user.

1. A user who negligently violates ORS Chapter 468B, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor of unlawful water pollution in the second degree, punishable by a fine up to $25,000, or imprisonment for not more than one year, or both. A person who willfully violates ORS Chapter 468B or any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement as provided under ORS 468.946 shall, upon conviction, be guilty of a felony of unlawful water pollution in the first degree.

2. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of an amount to be set by resolution of the City Council, or subject to imprisonment for not more than one year, or both. This penalty shall include any fine(s) the City is subject to due to its POTW being out of compliance with its state permit and in addition to any other cause of action for personal injury or property damage available under state law.

3. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine to be set by resolution of the City Council, or imprisonment for not more than one year, or both.

4. In the event of a second conviction, a user shall be punished by a fine in an amount to be set by resolution of the City Council, or imprisonment for not more than one year, or both.