(a) Any user who is found to have failed to comply with any provision of this chapter, or the orders, rules, regulations and permits issued hereunder, may be fined up to ten thousand dollars ($10,000) per day per violation.
(b) In determining the amount of the civil penalty, the City Manager shall consider the following:
(i) The degree and extent of the harm to the natural resources, to the public health or to public or private property resulting from the violation:
(ii) The duration and gravity of the violation;
(iii) The effect on ground or surface water quantity or quality or on air quality;
(iv) The cost of rectifying the damage;
(v) The amount of money saved by noncompliance;
(vi) Whether the violation was committed willfully or intentionally;
(vii) The prior record of the violator in complying
or failing to comply with the pretreatment program;
(viii) The costs of enforcement to the city.
(c) Appeals of civil penalties assessed in accordance with this section shall be provided in section 5-2-31(1)
(Ord. of 6/6/94, No. 223-94)