Montclair Municipal Code Art. IX Judicial Enforcement Remedies

A. The City Attorney may commence an action for appropriate legal, equitable, or injunctive relief in the Municipal or Superior Court of the County against any person who has violated or continues to violate any provision of this chapter, the Basin Plan, federal or state discharge standards or permit conditions, or who violates the requirements of any administrative order.

B. In addition to the penalties provided in this chapter, the City may recover all reasonable attorney fees, court costs, court reporter's fees, expenses of litigation by appropriate suit of law against the person(s) found to have violated any provision of this chapter or the orders, rules, regulations, and permits issued thereunder; and other expenses associated with enforcement activities, including sampling and monitoring expenses and the cost of any actual damages incurred by the City.

(Ord. 04-845 § 1 (part))

A. Persons who continue to violate any provision of this chapter shall be liable to the City for a maximum civil penalty of Twenty-Five Thousand (25,000) Dollars but not less than Three Thousand (3,000) Dollars per violation per day. 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.

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 discharger's violation, corrective actions by the discharger, the compliance history of the discharger, and any factor as justice requires.

B. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a discharger. The City may institute further legal action to collect such penalties in the event that the violator of this chapter fails or refuses to pay said penalty within 30 days from the date that it has been assessed.

(Ord. 04-845 § 1 (part))

A. Any person who willfully or negligently violates any provision of this chapter or permit conditions, or who violates any Administrative Order or any other provision of this chapter, is guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than Three Thousand (3,000) Dollars and/or by imprisonment for a period of not more than six months. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued, or permitted by such discharger and shall be punishable therefore as provided by this section.

B. Any person 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, stormwater permit, or order issued hereunder or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not less than Three Thousand (3,000) Dollars per day of violation or by imprisonment or by both.

(Ord. 04-845 § 1 (part))

Any person who knowingly makes any false statement, representation, record, report, plan, or other document filed with the City or who falsifies, tampers with, or knowingly renders inaccurate monitoring devices or methods required under this chapter shall have violated this chapter and shall be guilty of a misdemeanor.

(Ord. 04-845 § 1 (part))

In the event the City is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law, regulation, or agreement, and said violation can be established by the City as being caused by the discharge of any user of the City Storm Drain System which is in violation of any provisions of this chapter and/or the user's NPDES Permit, the City shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which the City has been subjected.

(Ord. 04-845 § 1 (part))

Any obstruction, damage, or other impairment to the City Storm Drain System caused by a violation of this chapter and/or the users NPDES Permit may result in the Public Works Director assessing a charge against the user for the work required to clean or repair the facility or the cost to resume normal operation. An administrative fee shall be added to the charges payable within 30 days of invoicing by the City. These charges and fees shall be in addition to any other fines, penalties, assessments, and fees imposed by other regulatory or service agencies.

(Ord. 04-845 § 1 (part))