(A) Any person violating any provision of this ordinance for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Any person, firm or corporation who shall violate any provisions of §§ 52.001 through 52.029 of this chapter shall be guilty of a Class C misdemeanor. Each day in which any such violation shall continue shall be deemed a separate offense. The city shall maintain the right to prosecute or sue any person, firm or corporation who shall violate any provisions of §§ 52.001 through 52.029 of this chapter.
(Prior Code, § 22.01.300)
(2) Any person, firm or corporation who shall violate any provisions of §§ 52.001 through 52.029 of this chapter shall be civilly liable to the city by reason of such violation. Civil liability may include, but shall not be limited to, fines, fees and penalties imposed by the state and/or the federal government on the city that is directly attributable to the person, firm or corporation.
(Prior Code, § 22.01.310)
(Prior Code, § 22.01.030)
(D) (1) Injunctive relief. When the POTW manager finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the POTW manager may petition a court of competent jurisdiction through the city’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order or other requirement imposed by this ordinance on activities of the User. The POTW manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User.
(Prior Code, § 22.11.010)
(2) Civil penalties.
(a) A User who has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $10,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(b) The POTW manager may recover reasonable attorneys’ fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(c) In the event an industrial User discharges pollutants which cause the city to violate any conditions of its UPDES permit and the city is fined by EPA or the state for such violations, then such industrial Users shall be fully liable for the total amount of the fines and civil penalties assessed against the city by the EPA and/or the state and administrative costs incurred.
(d) In determining the amount of civil 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 of the violation, any economic benefit gained through the User’s violation, corrective actions by the User, the compliance history of the User and any other factor as justice requires.
(e) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User.
(Prior Code, § 22.11.020)
(3) Criminal prosecution.
(a) A User who willfully or negligently violates any provision of this ordinance, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a Class C misdemeanor, and shall be subject to penalties as prescribed by law.
(b) A User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a Class C misdemeanor, and shall be subject to penalties as prescribed by law.
(c) A User who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this ordinance, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be guilty of a Class C misdemeanor, and shall be subject to penalties as prescribed by law.
(Prior Code, § 22.11.030)
(4) Remedies non-exclusive. The remedies provided for in this ordinance are not exclusive. The POTW manager may take any, all or any combination of these actions against a non-compliant User. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the POTW manager may take other action against any User when the circumstances warrant. Further, the POTW manager is empowered to take more than one enforcement action against any non-compliant User.
(Prior Code, § 22.11.040)
(Ord. 22-17, passed 8-18-2022)