(A) Misdemeanor. Any person who violates § 53.116 shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $500, costs of not more than $500, and jail of not more than 90 days.
(B) Municipal Civil Infraction. Any person or business who violates a provision of this chapter other than § 53.116, or an administrative order issued by the City in administering this chapter shall be responsible for a municipal civil infraction, and subject to a fine of up to $1,000 and costs of up to $500. Each day the violation occurs or continues constitutes a separate municipal infraction.
(C) Civil Actions. In addition to the actions and penalties provided in subsections (A) and (B), any person or business violating a provision of this chapter or an administrative order issued by the City in administering this chapter may be subject to a civil action and the imposition of a penalty of up to $1,000 per violation, plus a penalty of double the economic gain made by continuing operations during a violation. The POTW may claim and recover reasonable attorney fees, court costs, and other expenses associated with enforcement activities, including but not limited to the expenses of sampling, monitoring and analysis. The POTW Superintendent shall petition the Court to impose, assess and recover such sums. In determining the amount of 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, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.
(D) Authorized officials. The POTW Superintendent and/or the City Engineer/Utilities Director, are authorized to issue municipal civil infraction citations for violations of the provisions of this chapter, and for violations of administrative orders issued by the City in administering this chapter.
(Ord. 312-3-92, passed 3-16-92; Am. Ord. 466-6-00, passed 6-5-00; Am. Ord. 493-05-02, passed 5-20-02)