Civil actions for penalties.

A. A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other order or requirement shall be liable to the Town for a maximum civil penalty of $10,000 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. The Town Board may recover sampling and monitoring expenses and the cost of any actual damages incurred by the Town.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 user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.C.

Such civil penalty may be released or compromised by the Town Board before the matter has been referred to the Town Attorney, and where such matter has been referred to the Town Attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Town Attorney, with the consent of the Town Board. Filing a civil suit for enforcement and/or penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.