(a) Administrative Fines. Any discharger who fails to comply with any provision of this Code or with any wastewater discharge permit issued pursuant hereto shall be subject to an administrative fine levied by the City as follows:
Violations (in six month period) | Fine |
First | $300 |
Second | $500 |
All other | $750 per violation |
Administrative fines are due and payable to the City within thirty days after written notice of same is issued by the Superintendent. Such notice shall be delivered to the discharger personally or by certified mail, return receipt requested. Additional fines of one thousand dollars ($1,000) per violation may be assessed if ordered after a show cause hearing addresses the violations subjected to administrative fines. For the purposes of these administrative fines, each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(b) Recovery of Costs Incurred by the City. In addition to civil, administrative or criminal fines or penalties, any discharger who violates any of the provisions of this Code, or any wastewater discharger permit, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the system shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The Superintendent shall bill the discharger for the costs incurred by the City for:
(1) Any investigation, sampling, cleaning, repair or replacement work, legal fees, or other costs incurred as a result of the violation or discharge; and
(2) Any and all penalties and/or fines imposed upon and/or required to be paid by the City as the result of its inability to comply with its NPDES permit and/or other disposal system permits as the result of the discharger's failure to comply with this Ordinance, any wastewater discharge permit and/or any final administrative order or emergency suspension notice of the Superintendent or City. Refusal to pay the assessed costs shall constitute a violation of this Ordinance, enforceable under the provisions of this section and Section 933.12.
(c) Falsifying Information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Ordinance, shall be guilty of a first degree misdemeanor.
(d) Civil Penalties. Any discharger who violates any section of this Ordinance or any wastewater discharge permit or any final administrative order or emergency suspension notice of the City issued pursuant to this Ordinance shall be subject to civil penalties. The City, upon commencement of civil proceedings against any discharger, either as provided herein or in Section 933.12
(f), shall seek any and all appropriate legal and equitable relief against such discharger, including, without limitation, civil penalties of one thousand dollars ($1,000) per day, per violation for each day the discharger violates or continues to violate any provisions of this Ordinance or any wastewater discharge permit, or any final administrative order or emergency suspension notice issued by the City or the Superintendent pursuant to this Ordinance.
(e) Criminal Penalties. Any person who willfully or negligently violates any section of this Ordinance or who discharges or causes a discharge into the City's wastewater treatment and/or sewer system without first securing a wastewater discharge permit, or who violates subsection (c) hereof shall be guilty of a first degree misdemeanor. Such criminal proceeding shall be brought in the appropriate local court by the Solicitor for the City or by the prosecutor having jurisdiction there over following the authorization of such action by the City.
(f) Remedies Non-exclusive. The remedies provided for in this ordinance are not exclusive. The Superintendent may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's Enforcement Response Plan (ERP). However, the Superintendent may take other action against any User when the circumstances warrant. Further, the Superintendent is enpowered to take more than one enforcement action against any noncompliant User.
(Ord. 2016-50. Passed 3-21-2016.)