(a) Administrative Fines. Any Sewer User who fails to comply with any provision of this chapter or with Wastewater Discharge Orders issued pursuant hereto may be subject to an administrative fine levied by the Director as follows:
First violation in a six month period | $ 500 (maximum) |
Second violation in a six month period | $1,000 (maximum) |
All other violations in a six month period | $2,000 per violation (maximum) |
Administrative fines are due and payable to the City of Conneaut within thirty (30) days after written notice of same is issued by the Director of Public Service or other duly authorized representative of the City of Conneaut. Such notice shall be delivered to the Industrial User personally or by certified mail, return receipt requested. Additional fines of not more than $1,000 per violation may be assessed if ordered after a show cause hearing addresses the violations subjected to administrative fines. For the purposes of these administrative fines, each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(b) Recovery of Costs Incurred by the City of Conneaut. In addition to civil, administrative or criminal fines or penalties, any Industrial User who violates any of the provisions of this chapter, or any Wastewater Discharge Orders, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City of Conneaut's wastewater disposal system shall be liable to the City of Conneaut for any expense, loss or damage caused by such violation or discharge. The City of Conneaut, by and through its Director or other duly authorized representative, shall bill the Industrial User for the costs incurred by the City of Conneaut for: (i) any investigation, sampling, cleaning, repair, or replacement work, legal fees, or other costs incurred as a result of the violation or discharge; and (ii) any and all penalties and/or fines imposed upon and/or required to be paid by the City of Conneaut as the result of its inability to comply with its NPDES Permit and/or any other Disposal System Permits as the result of the Industrial User's failure to comply with this chapter, any Wastewater Discharge Orders, and/or any final administrative order or emergency suspension notice of the City of Conneaut. Refusal to pay the assessed costs shall constitute a violation of this chapter, enforceable under the provisions of this section and Section 931.06 of this chapter.
(c) Falsifying Information. 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 pursuant to this chapter, 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.
(d) Civil Penalties. Any Industrial User who violates any section of this chapter or Wastewater Discharge Orders or any final administrative order or emergency suspension notice of the City of Conneaut issued pursuant to this chapter shall be subject to civil penalties. The City of Conneaut, upon commencement of civil proceedings against any Industrial User, either as provided herein or in Section 931.06 hereof, shall seek any and all appropriate legal and equitable relief against said Industrial User including, without limitation, civil penalties of one thousand dollars ($1,000) per day for each day the Industrial User violates or continues to violate any provisions of this chapter or Wastewater Discharge Orders, or any final administrative order or emergency suspension notice issued by the City of Conneaut pursuant to this chapter.
(e) Criminal Penalties. Any person who willfully or negligently violates any section of this chapter or who discharges or causes a discharge into the City of Conneaut's POTW without first securing Wastewater Discharge Orders, or who violates Section 931.03 hereof, shall, upon conviction, be guilty of a first degree misdemeanor. Such criminal proceedings shall be brought in the appropriate local court by the Law Director for the City of Conneaut or by the Prosecutor having jurisdiction thereover following the authorization of such action by the City of Conneaut.
(Ord. 106-15. Passed 12-14-15.)