San Bernardino Municipal Code Art. 7 Judicial Enforcement Remedies

The City Attorney may commence an action for appropriate legal, equitable or injunctive relief in the 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. In addition to the penalties provided in this chapter, the City Engineer 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.

(A) Persons who continue to violate any provision of this chapter shall be liable to the city for a maximum civil penalty of $25,000 but not less than $3,000 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.

(B) 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.

(C) 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.

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 $3,000 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 provision of this chapter is committed, continued or permitted by such discharger, and shall be punishable therefor as provided by this section.

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, storm water permit or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter is guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than $3,000 per day of violation and/or by imprisonment for a period of not more than six months.