A. A user which has violated or continues to violate any provision of this chapter or an order issued hereunder shall be liable to the city for a maximum civil penalty of ten thousand dollars per violation per day. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of noncompliance with monthly or other long-term average discharge limits, penalties shall accrue for each day during the period of such noncompliance.

B. In addition to the penalty amounts assessable under subsection (A) of this section, the director may recover reasonable attorneys’ fees, court costs, and other expenses associated with compliance and enforcement activities authorized under this chapter. This shall include recovery of costs for sampling and monitoring, and the cost of any actual damages incurred by the city of Monroe including penalties for noncompliance with the city of Monroe NPDES permit to the extent attributable to the user.

C. The city shall petition the Snohomish County superior court to impose, assess, and recover such sums. In recommending the amount of civil liability, the director shall consider 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, and shall present this analysis as evidence in support of the recommended penalty.

D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 016/2021 § 2; Ord. 011/2004)