(a) Criminal Penalties.
(1) Any person who is found to have violated an order of the Wastewater Treatment Plant Superintendent or Sanitary Board, or who fails to comply with any provision of this article, or the orders, rules, regulations, and permits issued hereunder by the Wastewater Treatment Plant Superintendent or Sanitary Board, shall upon conviction be subject to pay a fine of not more than one thousand dollars ($1,000) and the costs of prosecution, and in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, for each and every offense. Each day's continuation of a violation shall constitute a separate offense. In addition to the penalties recommended herein, the Sanitary Board shall be able to recover court costs, court reporter's fees, and any other expense of litigation by appropriate suit at law against the person found to have violated the provisions of this article.
(2) 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 under the industrial waste discharge provisions of this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall upon conviction be subject to pay a fine of not more than one thousand dollars ($1,000) and costs of prosecution, and in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, for each and every offense. In addition to the penalties recommended herein, the Sanitary Board shall be able to recover court costs, court reporter's fees, and any other expense of litigation by appropriate suit at law against the person found to have violated the provisions of the City and/or Sanitary Board.
(b) Recovery of Damages and/or Costs. Any person violating any of the provisions of this article or who discharges or causes a discharge which produces a deposit or obstruction or otherwise causes damage to or impairs the operation of the public sanitary sewerage system shall be liable to the Sanitary Board for any expenses, losses, or damages caused by such violation or discharge. The Sanitary Board shall bill the user for the costs incurred by the Sanitary Board for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this article and shall be subject to further enforcement action and penalties according to the provisions of this article.
(c) Civil Penalties.
(1) Any industrial user who has violated or continues to violate this article or any order or permit issued hereunder shall be liable to the Sanitary Board for a civil penalty of not more than one thousand dollars ($1,000), plus actual damages incurred by the Sanitary Board per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the Sanitary Board may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including, but not limited to, sampling and monitoring expenses.
(2) The Sanitary Board shall petition the Circuit Court of Harrison County, West Virginia, to impose, assess, and recover such sums. In determining the 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 factors as justice permits. (Ord. 02-16. Passed 5-16-02.)
(d) Delinquencies and Remedies.
(1) Each sewerage service charge, additional charge, surcharge and penalty imposed by this article, together with interest at a rate of 12 percent per annum from the expiration of thirty (30) days after the date upon which it shall become due, shall be a debt due the Sanitary Board and shall be a lien on the property served, and if not paid within thirty (30) days after it shall become due, shall be deemed delinquent. There shall be further imposed, a late payment penalty of ten percent (10%). In such event, the Sanitary Board may proceed to file a lien in the Office of the County Clerk of the County Commission of Harrison County, West Virginia and collect the same in the manner provided by law for the filing and collection of municipal claims.
(Ord. 07-3. Passed 2-1-07.)
(2) In the event of failure to pay any sewerage service charge, additional charge, surcharge, or penalty after they become delinquent, as herein provided, the Sanitary Board shall be authorized to remove or close the sewer service connection and shall have the right to enter upon the property serviced for such purpose and to take such steps as may be necessary to accomplish such removal or closing. The expense of restoring any such service, shall likewise be a debt due the Sanitary Board and a lien on the property served and may be filed and collected as hereinabove provided. Such sewage service connection shall not again be turned on or the sewage service restored until all sewage service charges, additional charges, surcharges, and penalties, including the expense of removal, closing, and restoration, shall have been paid or adequate provisions for their payment shall have been made.
(3) Change of ownership or occupancy of any property served by the public sanitary sewerage system as to which the sewer service charge, additional charge, surcharge or penalty imposed by this article is delinquent, as provided in Section 937.07(b)(1) hereof, shall not be cause for reducing or eliminating the rights and remedies of the City and/or Sanitary Board set forth in this article.
(Ord. 02-16. Passed 5-16-02.)