§ 55.095  ADMINISTRATIVE FINES.
   (A)   When the Superintendent finds that a user 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, the Superintendent may fine such user in an amount not to exceed the maximum fine allowed under Indiana law in accordance with I.C. 36-1-3-8(a)(10)(A). A fine of at least $1,000 per day, per violation, in accordance with 40 CFR 403.8(f)(1)(vi)(A), but no more than $2,500 per day, per violation, for a first violation. For subsequent violations, the fine may not exceed $7,500 per day, per violation.
   (B)   Unpaid charges, fines, and penalties shall, after 90 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1.5% per month.  A lien against the user's property will be sought for unpaid charges, fines, and penalties.
   (C)   Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within 21 days of being notified of the fine.  Where a request has merit, the city may convene a hearing on the matter.  In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.  The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
   (D)   Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(1980 Code, § 55.095)  (Ord. 1996-40, passed 11-12-1996; Am. Ord. 2008-10, passed 7-22-2008)