§ 23-2. Civil penalties.

(a) In general.

(1) Any person who violates any provision of Subtitles 2 through 11 or of §§ 1-4, 21-1, or 21-5(d) of this article, a wastewater discharge permit condition, order, prohibition, effluent limitation, or pretreatment or toxicity standard shall be liable to a civil penalty of not less than $250 nor more than that allowed under state law for each day in which such violation occurs, plus actual damages incurred by the POTW.

(2) In addition, the Director may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement action, including sampling and analytical expenses.

(b) Judicial considerations.

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

(1) the extent of harm caused by the violation;

(2) its magnitude and duration;

(3) any economic benefit gained through the user's violation;

(4) corrective actions by the user;

(5) the compliance history of the user; and

(6) any other factors as justice requires.