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Page 36 <br /> Such user will be notified of the proposed termination of its <br /> discharge and be offered an opportunity to show cause under Section 10 . <br /> of this ordinance why the proposed action should not be taken. <br /> SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES <br /> 11 . 1 Injunctive Relief <br /> Whenever a user has violated a pretreatment standard or <br /> requirement or continues to violate the provisions of this ordinance, <br /> wastewater discharge permits or orders issued hereunder, or any other <br /> pretreatment requirement, the Batesville Utilities Commission may <br /> petition a Court of competent jurisdiction for the issuance of a <br /> temporary or permanent injunction, as appropriate, which restrains or <br /> compels the specific performance of the wastewater discharge permit, <br /> order, or other requirement imposed by this ordinance on activities of <br /> the user. Such other action as appropriate for legal or equitable <br /> relief may also be sought by Batesville Utilities Commission. A <br /> petition for injunctive relief need not be filed as a prerequisite to <br /> taking any other action against a user. <br /> 11 . 2 Civil Penalties <br /> A. Any user which has violated or continues to violate this <br /> ordinance, any order or wastewater discharge permit <br /> • hereunder, or any other pretreatment standard or requirement <br /> shall be liable to the Batesville Utilities Commission for a <br /> maximum civil penalty of One Thousand Dollars ( $1000 . 00) per <br /> violation per day. <br /> B. Such civil penalties shall be recoverable in a court of <br /> competent jurisdiction, but such civil proceeding may be <br /> initiated only after a majority vote of the Batesville City <br /> Council resolving to pursue the civil penalty. <br /> C. The Batesville Utilities Commission may recover reasonable <br /> attorney's fees, court cost, and other expenses associated <br /> with enforcement activities, including sampling and <br /> monitoring expenses, and the cost of any actual damages <br /> incurred by Batesville Utilities Commission. <br /> D. In determining the amount of civil liability, the Court <br /> shall take into account all relevant circumstances, <br /> including, but not limited to, the extent of harm caused by <br /> the violation, the magnitude and duration, any economic <br /> benefit gained through the user's violation, corrective <br /> actions by the user, the compliance history of the user, and <br /> any other factor as justice requires. <br /> E. Filing a suit for civil penalties shall not be a <br /> prerequisite for taking any other action against a user. <br /> • <br />