(A) Civil penalties.
(1) Any industrial user who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the POTW for a civil penalty of not more than the maximum allowable under state law, plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the POTW may recover reasonable attorneys fees, court costs, and other expenses associated with the enforcement activities, including sampling, monitoring and analysis expenses.
(2) The Superintendent shall petition the court to impose, assess, and recover such sums. In determining amount of 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, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.
(B) Criminal prosecution.
(1) Any industrial user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 per violation per day or imprisonment for not more than one year or both. In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000 per violation per day or imprisonment for not more than three years or both.
(2) Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater permit, 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 or not more than $1,000 per violation per day or imprisonment for not more than one year or both.
(Ord. passed 2-8-94)