(A) Violation; municipal civil infraction. Except as otherwise provided by this ordinance and/or Ordinance No. 2014-1-SO, and notwithstanding any other provision of the Genesee County’s or the Codified Ordinances of City of Burton, a person who violates any provision of this ordinance (including, without limitation, any notice, order, permit, decision or determination promulgated, issued or made by the POTW under this ordinance) is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000 per day for each infraction and not more than $10,000 per day for each infraction, plus costs and other sanctions.
(B) The penalties may be increased for repeat offenses pursuant to Ordinance No. 2014-1-SO.
(C) Violation; Criminal penalties. Any person who (1) at the time of a violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this ordinance or Ordinance No. 2014-1-SO, or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the POTW or City of Burton under this ordinance or Ordinance No. 2014-1-SO; or (2) intentionally makes a false statement, representation, or certification in an application for, or form pertaining to a permit, or in a notice, report, or record required by this ordinance or Ordinance No. 2014-1-SO, or in any other correspondence or communication, written or oral, with the POTW or City of Burton regarding matters regulated by this ordinance and/or Ordinance No. 2014-1-SO; or (3) intentionally falsifies, tampers with, or renders inaccurate any sampling or monitoring device or record required to be maintained by this ordinance or Ordinance No. 2014-1-SO; or (4) commits any other act that is punishable under state law by imprisonment for more than 90 days; shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500 per violation, per day, or imprisonment for up to 90 days, or both in the discretion of the court.
(D) Continuing violation. Each act of violation, and each day or portion of a day that a violation of this ordinance or Ordinance No. 2014-1-SO (or of any permit, order, notice or agreement issued or entered into under this ordinance or Ordinance No. 2014-1-SO) exists or occurs, constitutes a separate violation subject to the fines, penalties and other sanctions and remedies as provided by this ordinance and Ordinance No. 2014-1-SO.