1048.99 PENALTY.
   (a)   Civil Penalties.
      (1)   A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Village of Coldwater for a maximum civil penalty of one thousand dollars ($1,000) per individual or sole proprietor and a maximum of five thousand dollars ($5,000) for a user which is a partnership or a corporation. Each day a violation continues shall constitute a separate violation. In the event that the violation is episodic in nature, rather than continuous, each occurrence shall constitute a separate violation of this chapter.
      (2)   In addition to the provisions of Sections 1048.43 through 1048.45, the Manager may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of actual damages incurred by the Village of Coldwater.
      (3)   In determining the amount of civil 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 of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires
      (4)   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
   (b)   Criminal Penalties.
      (1)   A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a first degree misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) per violation, per day, or imprisonment for not more than six months, or both.
      (2)   A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a first degree felony and be subject to a penalty of not more than twenty thousand dollars ($20,000) per violation, per day or imprisonment for not more than ten years, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
      (3)   A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction be guilty of a first degree misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) per violation, per day, or imprisonment for not more than six months, or both.
(Ord. 1424. Passed 7-10-00.)