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A. Action Taken By City: The Environmental Protection Agency requires, as mandated by the NPDES permit, that the City adopt and employ a scheme of civil and administrative penalties. Therefore, pursuant to this Federal requirements and Idaho Code section 50-302(2), the City may enforce any provision of this chapter through civil penalties. Such penalties shall be in addition to any other remedies provided for by this chapter. In any such action, the City may seek any or all of the following:
1. Temporary and/or permanent injunction;
2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of a violation, and for the reasonable costs of preparing and bringing legal action under this provision;
3. Costs incurred in removing, correcting or terminating the adverse effects resulting from a violation;
4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.
Assessments and recovered damages under this provision shall be used exclusively for costs associated with implementing or enforcing this chapter.
B. Assessment; Guidelines: Any person or its agent violating any provision of this chapter may have civil penalties assessed against them. The notice of said penalties shall be served upon the violator or service may be effectuated by certified mail to the last known business address or residential address of the violator. A new violation may be filed for each day the violation continues. The violation will have a date when the violation shall be paid by, if it is not paid by that date, the City shall pursue collections through the court and will ask the court to reimburse for all costs associated with collecting the penalty. Civil penalties may be issued pursuant to the following guidelines:
1. If a violation(s) is observed which may create or has created an off site discharge of pollutants, the City shall issue a warning to the responsible person.
2. Should the violation continue or a subsequent violation(s) is discovered, the City may issue civil penalties.
3. If the RP has not provided day to day controls as required by this chapter which would have reduced the off site pollutants to the maximum extent practicable (MEP).
C. Penalties Specified: Civil penalties will not exceed two hundred dollars ($200.00) for the first offense and not more than one thousand dollars ($1,000.00) for each offense thereafter. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)