A. Each violation of any section of this chapter or of a permit issued under this chapter is declared to be a Municipal infraction. Each day that a violation of a section of this chapter continues, and each day that a violation of a permit issued under this chapter continues, shall be considered a separate Municipal infraction.
B. Any person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, commits a Municipal infraction punishable by a civil penalty as hereafter provided by subsection D of this section.
C. Any person who fails to perform an act required by the provisions of this chapter, or who commits an act prohibited by the provisions of this chapter, commits an environmental violation and shall be guilty of a Municipal infraction, punishable by a civil penalty as provided by subsection D of this section. Violation of a pretreatment standard or requirement referred to in 40 CFR 403.8 is an environmental violation punishable by a civil penalty as hereafter provided in subsection D of this section.
D. Whenever in this chapter, any act is prohibited and is declared to be a Municipal infraction or whenever in this chapter the doing of any act is required and the failure to do that act is declared to be a Municipal infraction, the violation of any such provision shall be punishable by a civil penalty of not more than five hundred dollars ($500.00) for each violation or, if the infraction is a repeat offense, by a civil penalty of not more than seven hundred fifty dollars ($750.00) for each repeat offense. However, a Municipal infraction which is classified as an environmental violation or which arises from noncompliance with a pretreatment standard or requirement, referred to in 40 CFR 403.8, by an industrial user may be punishable by a civil penalty of not more than one thousand dollars ($1,000.00) for each day a violation exists or continues. Each day a violation of a provision of this chapter continues shall be considered a separate Municipal infraction. (Ord. 1069, 3-14-2019)
(State law reference(s) - Authority for enhanced penalties in pretreatment violations, Code of Iowa, Sec. 364.22[1]).