§ 122-48. Civil liabilities and penalties.

(a)

Any person violating the provisions of this article, discharge permit, federal or state pretreatment requirements or any order of the county board of commissioners shall be liable to the county for a maximum civil penalty under O.C.G.A. § 36-1-20 of $1,000.00 per violation per day. In the case of monthly or other longterm average discharge limit, penalties shall accrue for each day during the period of the violation.

(b)

The department director may recover reasonable attorneys' fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses and the cost of actual damages incurred by the county.

(c)

In determining the amount of civil liability, the court shall take into account all relevant circumstances including, but not limited to, 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.

(d)

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. of 6-28-88, § 3-26-178; Ord. of 2-27-07)