1043.99 PENALTY; EQUITABLE REMEDIES.
   (a)   Suspension of Service and Discharge Permits. The Municipality may, for good cause shown, suspend the wastewater treatment service and the wastewater discharge permit of a discharger when it appears to the Municipality that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons, or substantial danger to the environment, or interferes with the operation of the POTW. Any discharger notified of the suspension of wastewater treatment services or a wastewater discharge permit, shall immediately cease all discharges. In the event a user fails to immediately comply voluntarily with the suspension order, the Municipality shall take such steps as are deemed necessary, including severance or blockage of the sewer connection.
   (b)   Revocation of Discharge Permit. The Municipality may revoke the wastewater discharge permit of any discharger who violates any condition of this chapter, its permit or an order of the Municipality or a court of competent jurisdiction.
   (c)   Annual Publication. Annually, the Director shall publish a list of all significant industrial users who at any time in the previous twelve months were in significant noncompliance with applicable pretreatment requirements. This publication shall be made in the largest local daily newspaper.
   (d)   Commencement of Legal and Equitable Actions. The Municipality may commence an appropriate legal action or an action for equitable relief, or for both, in the appropriate courts with respect to the conduct of a discharger contrary to the provisions of this chapter:
      (1)   Injunctive Relief. Whenever an industrial user has violated or continues to violate this chapter, its wastewater discharge permit or an order of the Municipality or a court of competent jurisdiction, the Municipality may petition the court for the issuance of a preliminary or permanent injunction, or both (as may be appropriate), which restrains or compels the activities on the part of the industrial user.
      (2)   Civil Penalties. Any discharger who is found to have violated any provision of this chapter, its wastewater discharge permit or an order of the Municipality or a court of competent jurisdiction, shall be subject to the imposition of a civil penalty of up to one thousand dollars ($1,000) per violation. Each day on which a violation occurs or continues shall be deemed a separate and distinct violation. In addition to the penalties provided herein, the Municipality may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the discharger.
      (3)   Criminal Penalties. Any person who intentionally or willfully violates any provision of this chapter, his or her wastewater discharge permit or an order of the Municipality or a court of competent jurisdiction, or any person who allows a violation to continue after becoming aware of said violation, shall be punishable, upon conviction, by a criminal penalty of up to one thousand dollars ($1,000) per day per violation and not more than six months in jail.
      (4)   Falsifying Information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, a wastewater discharge permit or an order of the Municipality or a court of competent jurisdiction, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method, shall be punishable, upon conviction, by a criminal penalty of up to one thousand dollars ($1,000) per day per violation and not more than six months in jail.
         (Ord. 18-92. Passed 7-7-92.)