(A) Administrative penalties.
(1) Any user who is found to have violated any provision of this chapter and/or any requirement of a notification of violation written and issued in compliance with this chapter, and the order, rules, regulations, and permits issued hereunder shall be assessed administrative penalties by the control authority in the following amounts:
(a) Industrial users in an amount of at least $100 but not more than $300 per day for each offense and/or violation; and
(b) Categorical users and significant industrial users in an amount of at least $100 but not more than $300 per day for each offense and/or violation.
(2) Any administrative penalty assessed may be appealed to the City Council by filing a notice of appeal with the City Clerk. The City Clerk shall set the hearing on the next available City Council meeting agenda. The notice of appeal must be filed within ten days of the date of the notice of assessment of penalty is mailed by the control authority, and failure to timely file a notice of appeal shall make the penalty final.
(3) After completion of the hearing, the City Council shall affirm, modify, or reverse the penalty. The decision of the City Council is final.
(B) Civil penalties.
(1) As referenced in 40 C.F.R. § 403.8(f), any user who is found to have violated an order of the City Council or who failed to comply with any provision of this chapter and/or any requirement of a notification of violation written and issued in compliance with this chapter, and the order, rules, regulations, and permits issued hereunder, shall be assessed civil penalties in at least the amount of $1,000 but no more than $25,000 per day for each offense and/or violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this chapter, the City may recover reasonable attorney’s fees, court costs, court reporters’ fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder.
(2) The civil penalties for nonsubmittal of reports, noncompliance with the reporting and/or application requirements required by this chapter or permit, or failure to complete an increment of progress of a compliance schedule, shall be at least $1,000 for each day which the requirements are not fulfilled.
(C) Criminal penalties. 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 permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be subject to a Class 2 criminal felony and be punished by a fine of not more than $150,000 or by imprisonment for not more than one and one-half years, or by both.
(D) Collection of fees. The amount of any fee or charge imposed by the provisions of this chapter, including interest and penalty assessments, shall constitute a lien against the property upon which the violation is located in the same manner as other unpaid utility fees under this code. Any action in the name of the City may be commenced in any court of competent jurisdiction for the amount of any delinquent fees or charges and, if legal action is brought by the City or its assignee to enforce collection of any amount charged and due under this chapter, any judgment rendered in favor of the City shall include costs of suit incurred by the City or its assignee, including reasonable attorney’s fees.
(Prior Code, § 12-8-6) (Ord. 13-05, passed 3-25-2013)