(a) Civil Penalties. Any person who violates an order of the Director or fails to comply with any provision of this Chapter and the regulations, or rules of the City, Industrial Discharger Permit, or orders of any court of competent jurisdiction, shall be subject to the imposition of a civil penalty not to exceed $1,000 per day per violation Each day in which a violation occurs shall be considered a separate violation.
(b) Recovery of Costs Incurred by the City. Any Discharger violating any of the provisions of this Chapter, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City’s wastewater disposal system, shall be liable to the City for any costs, expenses, losses or damages caused by such violation or discharge. The City shall bill the Discharger for the costs incurred by the City, including costs for (1) cleaning, repairing, rehabilitating or replacing any component or process of the POTW required because of the violation or discharge; and (2) costs for any disposal, treatment or transportation related to managing the noncompliant discharge and damage caused. Refusal to pay the assessed costs shall constitute a violation of this Ordinance enforceable under the provisions of Section 917.06 of this Chapter.
(c) Falsifying Information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter, shall, upon conviction, be punished by the imposition of a civil penalty of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months.
(Ord. 19-02-0. Passed 6-3-02.)
(d) Repeat Violations. In the event an entity repeatedly discharges a prohibited level of pollutants into the City's wastewater, in addition to any penalties included above, and after receiving Applicable Violation Notices (NOVs), the entity shall be fined as follows:
First NOV within one year No fine
Second NOV within one year $1,000.00
Third NOV within one year 2,000.00
Fourth NOV within two years 5,000.00
Fifth or more NOV within two years 10,000.00 |
(Ord. 38-09-O. Passed 6-22-09.)