(A)
When the Workforce Manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Workforce Manager may impose a fine of not more than $2,5000 per day, per violation for a first violation; nor more than $7,500 per day, per violation for subsequent violations, in accordance with I.C. 36-1-3-8(a)(10)(B).
(B) (1) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 12% per month. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.
(2) No fines and/or penalties as set forth in this division (B) shall be charged or otherwise enforced for charges retroactively incurred from March 1, 2020, until the date upon which the Governor of the State of Indiana lifts the restriction set forth in Executive Order 20-05 prohibiting public utilities from discontinuing service to customers in the state due to such services being considered as essential services.
(C) Users desiring to dispute such fines shall file a written request for the Workforce Manager to reconsider the fine, along with full payment of the fine amount, within 30 days of being notified of the fine. The Workforce Manager may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Workforce Manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 500, passed 6-9-01; Am. Ord. 681, passed 8-22-16; Am. Ord. 716, passed 5-13-19; Am. Ord. 724, passed 5-11-20)