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Civil Penalties <br /> Civil penalties may be imposed pursuant to the City Code. Civil penalties are in addition to assessed <br /> city reimbursement costs for: <br /> • Legal fees <br /> • Equipment repair or replacement <br /> • Costs associated with the clean up or decontamination of a site after the discharge of <br /> substances into the sanitary sewer, storm sewer, surface waters and/or to the environment <br /> that cause interference,pass-through or sanitary sewer blockage. This includes clean up and <br /> decontamination of all structures/areas including residential, commercial, surface waters and <br /> the environment. <br /> • Sampling/monitoring costs <br /> • Any penalties assessed to the city resulting from the subject violation. <br /> Section 3 - Personnel Responsible for Enforcement Actions " M <br /> The City of Elk River WWTP Chief Operator is responsible for all enforcement actions. The City <br /> Attorney may be re nested to review escalated penalties prior to issuance,if the Chief Operator <br /> deems it necessa <br /> Section 4 - Enforcement Considerations <br /> In determining which enforcement measure(s) to use and the amount of any civil penaltie e <br /> Chief Operator may consider the following: <br /> a. The degree and extent of the impact/harm to the natural resources of the state,the pub ealth, <br /> the city's treatment system or public or private property as a result of the violation [including effect <br /> on groundwater, surface water or air quality]; <br /> b. The duration and magnitude of the violation; <br /> c. The cost of repairing the damage to the city's treatment collection system,public or private <br /> property and/or the natural resources of the state; <br /> d. Whether the violation was committed negligently,grossly negligently, recklessly negligently, <br /> willfully or intentionally; <br /> e. The amount of money saved,if any,by noncompliance,including the cost of continuing to <br /> discharge in noncompliance instead of stopping operations; <br /> f. Cost incurred by the FSE or FM/P in correcting the problem and their cooperation and good <br /> faith effort to resolve noncompliance. <br /> FOG ENFC PLAN and BMPs for ORD 78-156 May 19, 2014 Page 3 <br />