A. Issuance of Cease and Desist. When the city finds that a discharge of wastewater has taken place or is likely to take place in violation of these regulations, or the provisions of a wastewater discharge permit, the city may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct those persons not complying with such prohibitions, limits, requirements, or provisions to:

B. Seek Injunctive Relief. Whenever a user has violated or continues to violate the provisions of this part or permit or order issued hereunder, the city through counsel may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user.

C. Consent Order. The city is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsection (D) of this section, Compliance Order.

D. Compliance Order. When the city finds that a discharge of wastewater is taking place, has been taking place or threatens to take place, in violation of prohibitions or limitations prescribed in this part, effluent limitations or pretreatment standards, or the provisions of a wastewater discharge permit, the city may, at the city’s discretion, issue a compliance order requiring the user to submit for approval, with such modification as the city deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of these regulations, or of any permit issued pursuant to these regulations, and to take such action in accordance with such schedule.

Nothing provided in this section shall limit or prohibit the city from pursuing any other remedy, legal or equitable, otherwise available to the city, or from seeking sanctions in any administrative, criminal or civil action related to such discharge or potential discharge.

E. Administrative Fines/Civil Penalties.

F. Civil Penalties. Any person who without regard to intent or negligence violates any provisions of these regulations, or of any provisions of any permit issued pursuant to these regulations, or whose discharges cause interference, pass through, contamination, nuisance, pollution, or who violates any order, termination of service prohibition, effluent limitation, national standard of performance or national pretreatment or toxicity standard or requirement, shall be civilly liable to the city in a sum not to exceed twenty-five thousand dollars for each day in which the violation occurs for as long as the violation continues. In addition to the above described civil penalties, the city may recover actual costs and damages incurred and reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses. The city may petition the superior court to impose, assess and collect such sums pursuant to this chapter and California Government Code Section 54740, et seq. In determining amount of 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, any economic benefit gained through the industrial user’s violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.

G. Criminal Penalties. Any person who intentionally or negligently violates any provision of this part, or of any permit issued pursuant to these provisions, or who discharges wastewater which causes interference, pass through, pollution or who violates any order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be liable, upon conviction thereof, of a misdemeanor, with a maximum fine of one thousand dollars or imprisonment for not more than six months in the county jail or both, for each violation. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this part (Chapters 15.44 through 15.76) is committed or permitted by such person.