(a) The City through the Board has the authority to issue and assess administrative fines to Users in violation of this ordinance, IWP permit of other state and federal regulations or standards.
(b) In accordance with Pretreatment Standards and the City's NPDES permit, the City through the Board may impose a fine for noncompliance by an SIU issued a IWP permit of not more than $2,500 per day, per violation for a first violation; no more than $7,500 per day, per violation for subsequent violations, in accordance with I.C., 36-1-3-8(a)(10)(B). The Board will follow the developed Enforcement Response Plan to provide consistent enforcement responses and fines for similar violations and circumstances for IWP permits.
(c) Notwithstanding any other section of this ordinance, any other User or FOG facility who is found to have violated any provision of this ordinance or orders issued hereunder shall be issued a NOV and may be fined by the City through the Board in an amount not less than $100, and not to exceed $2,500 per violation, per day for a first violation. The Board may impose a fine of no more than $7,500 per day for each subsequent violation in accordance with I.C., 36-1-3-8(a)(1)(B) and the Emergency Response Plan.
(d) Re-inspections will occur for incidences issued a NOV. Re-inspection fees and reimbursement costs are considered in addition to administrative fines. Reimbursement costs are developed on a case-by-case basis. A fee of $73 may be assessed to the User for each re-inspection.
(e) Each day on which a noncompliance occurs or continues shall be deemed a separate and distinct violation. Such assessments may be added to the User's next scheduled sewer service charge and the City shall have such other collection remedies as it must collect other service charges.
(f) The City may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, remediation expenses, maintenance expenses, and the cost of any actual damages incurred by the City.
(g) Unpaid charges, fines, and penalties may constitute a lien against the individual User's property. Users desiring to dispute such fines must file a request for the Board to reconsider the fine within 30 days of being notified of the fine. The Board shall convene a hearing on the matter within 30 days of receiving the request from the User.
(Ord. S-74-18, Version A, § 2, 6-18-18)