(a) Administrative Penalties.
(1) Any Discharger who fails to comply with any provision of this chapter or with any Wastewater Discharger Permit issued pursuant hereto may be subject to an administrative fine as follows:
First violation in a six month period | $100.00 |
Second violation in a six month period | 250.00 |
All other violations in a six month period | 500.00 per violation. |
(2) Administrative fines are due and payable to the City within thirty days after written notice of same is issued by the Director or other duly authorized representative of the City. Such notice shall be delivered to the Discharger personally or by certified mail, return receipt requested. Additional fines of not more than 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 Authority and Fines. In addition to civil, administrative or criminal fines or penalties, any Discharger who violates any of the provisions of this chapter, or any Wastewater Discharger Permit, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City's wastewater disposal system shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The City, by and through its Director or other duly authorized representative, shall bill the Discharger for the costs incurred by the City for:
(1) Any investigative, 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 any other Disposal System Permits as the result of the Discharger's failure to comply with this chapter, any Wastewater Discharger Permit, and/or final administrative order or emergency suspension notice of the City. Refusal to pay the assessed costs shall constitute a violation of this chapter, enforceable under the provisions of this chapter and section 925.20.
(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 chapter, or Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction be punished by the imposition of a penalty of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or both.
(d) Civil Penalties. Any Discharger who violates any Section of this chapter or any Wastewater Discharging Permit or any final administrative order or emergency suspension notice of the City issued pursuant to this chapter shall be subject to civil penalties. The City, upon commencement of civil proceedings against any Discharger, either as provided herein or in Section 925.20
(e), 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 for each day the Discharger violates or continues to violate any provisions of this chapter or any Wastewater Discharge Permit, or any final administrative order or emergency suspension notice issued by the City pursuant to this chapter.
(e) Criminal Penalties. Any person who willfully or negligently violates any section of this chapter 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, upon conviction, be guilty of a first degree misdemeanor. Such criminal proceedings shall be brought in the appropriate local court by the Legal Counsel for the City.
(Ord. 89-98. Passed 11-28-89.)
(f) The remedies provided for in this chapter are not exclusive. The Director 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. However, the Director may take other action against any User when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant User. (Ord. 19-82. Passed 12-10-19.)