920.26 JUDICIAL PROCEEDINGS; PENALTY.

   Notwithstanding any other enforcement procedure listed in this chapter, the City may commence an action for appropriate legal and/or equitable relief in the appropriate courts with respect to the conduct of a discharger contrary to the provisions of this chapter.

   (a)   Injunctive Relief. Whenever an industrial user has violated or continues to violate this chapter, its wastewater discharge permit or any order of the City or court of competent jurisdiction, the City may petition the court for the issuance of a temporary restraining order, preliminary or permanent injunction and/or abatement (as may be appropriate) which restrains or compels the activities on the part of the industrial user. The City shall have such remedies to collect these fees as it has to collect other sewer service charges.

   (b)   Civil Penalties. Any discharger who is found to have violates any provision of this chapter, their wastewater discharge permit or any order of the City or court of competent jurisdiction shall be subject to the imposition of a civil penalty of up to one thousand dollars ($1,000) per violation. Each day on which a violation occurs or continues shall be deemed a separate and distinct violation. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the discharger.

   (c)   Criminal Penalties. Any person, or persons which intentionally or willfully violate any provision of this chapter, their wastewater discharge permit or any order of the City or court of competent jurisdiction or any person or persons that allow a violation to continue after becoming aware of such violation shall be punishable by a criminal penalty of up to one thousand dollars ($1,000) per day per violation and not more than six months in jail.

   (d)   Falsifying Information; Tampering. Any person or persons who knowingly, or with purpose to mislead a public official in performing his official function, make any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, wastewater discharge permit, or any order of the City or court of competent jurisdiction, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method, shall be punishable by a criminal penalty of up to one thousand dollars ($1,000) per day per violation and not more than six months in jail.

      (Ord. 91-117. Passed 6-18-91.)