(A) (1) When the Board 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 Board may fine such user in an amount not to exceed $2,500. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Unpaid charges, fines and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 10% per month. A lien against the user’s property will be sought for unpaid charges, fines and penalties.
(3) Users desiring to dispute such fines must file a written request for the Board to reconsider the fine along with full payment of the fine amount within 15 days of being notified of the fine. Where a request has merit, the Board 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 Board may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(B) (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 maximum civil penalty of $2,500 per violation, per day (or the maximum amount allowed by state law). 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 Board may recover reasonable attorneys’ fees, court costs and other expenses associated with enforcement activities, 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.
(C) (1) A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor or imprisonment, or both.
(2) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be subject to a penalty up to $2,500 (or the maximum amount allowed by state law), or be subject to imprisonment, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $2,500 per violation (or the maximum amount allowed by state law), per day, or imprisonment, or both.
(4) In the event of a second conviction, a user shall be punished by a fine of not more than $2,500 per violation (or the maximum amount allowed by state law), per day, or imprisonment, or both.
(D) Any person, firm, business or entity violating any provision of § 52.026 of this code shall be fined not less than $50 or more than $1,500 for each violation or offense. Each day a violation occurs is considered to be a separate offense.
(E) A person who fails to pay any fee when required by §§ 52.125 through 52.128 of this code, or who violates any other provision of this chapter, shall be subject to fines. The minimum fine for any violation of this chapter shall be $25, with the maximum fine for a violation of this chapter being $1,500. Each day a violation continues is considered a separate offense.
(Ord. 2009-OR-06, passed 6-1-2009; Ord. 2012-OR-12, passed 10-1-2012; Ord. 2018-OR-11, passed 4-2-2018; Ord. 2020-OR-18, passed 8-3-2020)