§ 257-149 Chapter 257 Sewers

Court orders.

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A. In addition to the power to assess penalties as set forth in this article, the Town Board shall have the power, following the hearing held in conformance with the procedures set forth in Article XI, to seek an order:(1) Suspending, revoking, or modifying the violator's wastewater discharge permit.(2) Enjoining the violator from continuing the violation.B. Any such order shall be sought in an action brought by the Town of Webster's Attorney at the request of the Town Board in the name of the Town, in any court of competent jurisdiction.C. The Town's counsel, at the request of the Chief Plant Operator and/or Superintendent of Sewers, shall petition the court to impose, assess, and recover such sums imposed according to this article.

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

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