(A) (1) An industrial user who has violated, or continues to violate, any provision of Chapter 53, Chapter 54, and this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty allowed under state law but not less than $1,000 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.
(2) The Public Works Superintendent may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
(3) 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 industrial user’s violation, corrective actions by the industrial user, the compliance history of the industrial user, and any other factor as justice requires.
(4) Filing a suit for civil penalties shall not be a bar against or a prerequisite for taking any other action against an industrial user.
(B) (1) An industrial user who willfully or negligently violates any provision of Chapter 53, Chapter 54, and this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of an unclassified misdemeanor, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than one year or both.
(2) An industrial user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of an unclassified misdemeanor and be subject to a penalty of at least $1,000, or be subject to imprisonment for not more than one year or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) An industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to Chapter 53, Chapter 54, and this chapter, industrial wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under Chapter 53, Chapter 54, and this chapter shall, upon conviction, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than one year or both.
(4) In the event of a second conviction, an industrial user shall be punished by a fine of not more than $3,000 per violation, per day or imprisonment for not more than three years or both.