If injunctive relief, per this chapter is sought, the following penalties shall apply.
(A) Civil penalties.
(1) A user who 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 shall be liable to the city for a civil penalty of not less than $1,000 nor more than $2,500 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.
(2) The Superintendent may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, or any other type of litigation expenses, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(3) 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.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(B) Criminal penalties.
(1) Any person who knowingly or willfully makes any false statement, representation or certification in any application, report or other document required by this chapter or other regulations adopted by the Board, or who tampers with or knowingly or willfully renders inaccurate any monitoring device so as to render false information shall be subject to the provisions of IC 35-44-2-1. The Board’s Counsel shall refer such matters to the DeKalb County prosecutor for consideration of criminal prosecution. The Board also reserves the right to refer suspected knowing or willful violations to the Indiana Department of Environmental Management or the U.S. Environmental Protection Agency, Region 5 for criminal prosecution.
(2) All reports and other documents required to be submitted or maintained pursuant to this chapter are subject to:
(a) The provisions of 18 U.S.C. § 1001 relating to fraud and false statements, as amended from time to time;
(b) The provisions of § 309(c)(4) of the Clean Water Act, as amended, governing false statements, representations or certification; and
(c) The provisions of § 309(c)(6) of the Clean Water Act regarding responsible corporate officers.
(Ord. 1476, passed 6-18-07; Am. Ord. 1584, passed 8-19-13; Am. Ord. 1639, passed 12-19-16)
Editor’s note:
IC 35-44 was repealed by P.L.126-2012, Sec. 53