A. In any enforcement action allowed under this chapter, the director may recommend, and the city may agree to set aside all or portions of the recommended penalty amount in favor of requiring completion of a project of environmental benefit to the POTW of equal or greater value than the proposed penalty. Such projects must be proposed or agreed to in writing by the user.

B. In recommending this option, the director shall consider all relevant circumstances, including, but not limited to, the following criteria: (1) the net environmental benefit, (2) the ability of the project to help achieve or ensure compliance, (3) the willingness of the party to change the circumstances that led to the noncompliance, and (4) the responsible party’s technical and financial ability to successfully complete the project.

C. In enforcement actions taken by the department, the city may make written recommendations either for, or against, an innovative settlement agreement with a noncompliant user based on the above criteria. (Ord. 016/2021 § 2; Ord. 011/2004)