(A) When the Superintendent 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 Superintendent may fine such user in an amount not to exceed $1,000, as provided in the table below. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits violation, fines shall be assessed for each day during the period of violation.
EXCEEDANCE OF LIMIT OR REQUIREMENT | FINE/VIOLATION |
Up to 2% > than limit or requirement | $200/violation |
2.01% to 4% > than limit or requirement | $400/violation |
4.01% to 6% > than limit or requirement | $600/violation |
6.01% to 8% > than limit or requirement | $800/violation |
8.01% or > than limit or requirement | $l,000/violation |
(B) Unpaid charges, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1 1/2% per month. A lien against the user’s property will be sought for failure to pay unpaid charges, fines, and penalties after 90 calendar days.
(C) Users desiring to appeal such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within 15 days of being notified of the fine. If the Superintendent determines that the appeal has merit, the Superintendent 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 Superintendent 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. 1476, passed 6-18-07; Am. Res. 12-500, passed 11-5-12; Am. Ord. 1639, passed 12-19-16) Penalty, see § 52.999