City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 13
Chapter 13.03A
Section 13.03A.1001
 

Title 13 Public Utilities and Services

Chapter 13.03A Pretreatment

Article X. Judicial Remedies

Section 13.03A.1001 Civil Penalties [10.2]
  1. A user which has violated or continues to violate any provision of this chapter, a discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of ten thousand dollars, but not less than one thousand dollars 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.
  1. The Plant Manager may recover reasonable attorneys’ fees, courts costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City, as well as environmental remediation deemed necessary.
  1. 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.
  1. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

NOTE: Bracketed enumerations reference the numbering in the EPA Region 10 Model Ordinance of March 27, 2012.

Date Passed: Monday, November 9, 2020

Effective Date: Wednesday, December 16, 2020

ORD C35961 Section 63