(a) Fines.
waste appear as cubic yards and quantities of liquid waste appear as gallons):
(i) Up to 20 cubic yards of solid waste and up to 20 gallons of liquid waste: not less than $1,500.00 and not more than $2,500.00
(ii) Greater than 20 cubic yards or 20 gallons, but up to 50 cubic yards or 50 gallons: $5,000.00
(iii) Greater than 50 cubic yards or 50 gallons, but up to 100 cubic yards or 100 gallons: $10,000.00
(iv) Greater than 100 cubic yards or 100 gallons: $30,000.00
(2) Solid waste quantities above 500 cubic yards, as determined by a topographical survey, shall be subject to an additional $20.00 per cubic yard, plus the cost of the topographical survey.
(3) Liquid waste that is hazardous shall be subject to an additional $100.00 per gallon.
(4) For each subsequent day that waste dumped, deposited, disposed, released, treated or placed in violation of Section 7-28-390, 7-28-440, or 11-4-1500 remains at the location where it was dumped, deposited, disposed, released, treated or placed, the person found in violation shall be subject to an additional fine of $10,000.00 per day.
(6) In addition to any other penalties imposed under this section, any person found in violation of Sections 7-28-440 or 11-4-1500 shall be subject to an additional fine of $20.00. Any fines or penalties imposed by the City for a violation of this section, and any fees collected under this section shall be deposited in the corporate fund of the City for the nonexclusive purpose of funding the reward program authorized under Section 7-28-445.
(b) In addition to any other penalties imposed under this section, the registered owner of record of any vehicle who knew or should have known that his or her vehicle was used in violation of Section 7-28-390, 7-28-440, or 11-4-1500 shall be jointly and severally liable with any person operating or in control of the vehicle at the time of the violation.
(c) The Commissioner shall have the authority to issue an emergency or a non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code to stop any person from proceeding with any activity regulated under Section 7-28-390, 7-28-440, or 11-4-1500 when the Commissioner has reason to believe that such activity either is proceeding in violation of any provision under those sections or is otherwise in contravention of the public interest.
(d) (1) Emergency abatement. In the event that the Commissioner or the Commissioner of Streets and Sanitation determines that any activity in violation of Section 7-28-390, 7-28-440, or 11-4-1500 has created, or is creating, an imminent and substantial risk to the public health or safety or to the environment, then the Commissioner or the Commissioner of Streets and Sanitation may order the owner of the vehicle, the operator of the vehicle, and any other person involved in the performance of the subject activity to abate the threat within a time frame prescribed by the Commissioner or the Commissioner of Streets and Sanitation. In the event that any person fails to abate such threat in accordance with the Commissioner's or the Commissioner of Streets and Sanitation's order, the Commissioner or the Commissioner of Streets and Sanitation may proceed to control, remove, dispose or otherwise abate the threat.
(2) Non-emergency abatement. In the event that the Commissioner or the Commissioner of Streets and Sanitation determines that any activity in violation of Section 7-28-390, 7-28-440, or 11-4-1500 has not created, or is not creating, an imminent and substantial risk to the public health or safety or to the environment, the Commissioner or the Commissioner of Streets and Sanitation may provide the owner of the vehicle, the operator of the vehicle or any other person involved in the performance of the subject activity with written notice to abate the nuisance within a time frame prescribed by the Commissioner or the Commissioner of Streets and Sanitation. In the event that any person fails to abate such nuisance in accordance with the Commissioner's or the Commissioner of Streets and Sanitation's notice to abate, the Commissioner or the Commissioner of Streets and Sanitation may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of this Code.
(3) In addition to any other penalties imposed in this section, the City shall be entitled to recover a penalty in the amount up to three times the cost or expense incurred by the City in abating the nuisance in an appropriate action instituted by the Corporation Counsel or in a proceeding initiated by the Departments of Health or Streets and Sanitation at the Department of Administrative Hearings.
(e) All City contracts advertised, or if not advertised, awarded, 90 days after the effective date of this ordinance shall include a provision that a violation of Section 7-28-390, 7-28-440, 11-4-1410, 11-4-1420, 11-4-1450, 11-4-1500, 11-4-1530, 11-4-1550, or 11-4-1560 by the contractor, whether or not in the performance of the agreement, shall constitute a breach of the contract.
(f) [Reserved.]
(Prior code § 17-6.12; Added Coun. J. 10-28-87, p. 5641; Amend Coun. J. 11-3-04, p. 34974, § 3; Amend Coun. J. 12-7-05, p. 64870, § 1.8; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 11-8-12, p. 38872, § 198; Amend Coun. J. 5-8-13, p. 52138, § 2; Amend Coun. J. 10-11-17, p. 56894, § 2; Amend Coun. J. 7-22-20, p. 18957, § 8; Amend Coun. J. 3-20-24, p. 10135, § 2)