(A) Any user who is found to have violated any provision of this chapter, any order or wastewater discharge permit issued hereunder, or any other pretreatment standard or requirement shall be liable to the city as follows:
(1) For failing or refusing to furnish technical or monitoring reports, a maximum of $2,000 for each day;
(2) For failing or refusing to timely comply with any compliance schedule established by the city, a maximum of $3,000 for each day;
(3) For discharges in violation of any waste discharge limitation, permit condition or requirement issued, reissued or adopted by the city, a maximum of $5,000 for each day;
(4) For discharges in violation of any suspension, cease and desist order or other orders or prohibition issued, reissued or adopted by the city, a maximum of $10 per gallon.
(B) The Director may issue an administrative complaint to any person violating city requirements as described in division (A) of this section. The complaint shall allege the act or failure to act that constitutes the violation of city requirements, the provisions of law authorizing liability to be imposed and the proposed penalty. The complaint shall be served by personal delivery or certified mail and shall inform the person served that the Director shall conduct a hearing within 60 days after service. The person served may waive the right to a hearing.
(C) A person dissatisfied with the decision of the Director may file a written appeal to the City Council within 30 days of notice of the Director’s decision. A fee of $100 must accompany the written appeal to the City Council and shall be submitted to the City Clerk. The written appeal shall be heard by the City Council within 30 days from the date of filing. The City Council shall make a final ruling on the appeal within 45 days from the date of filing. If after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the Director or City Council may assess a penalty against that person in accordance with division (A) of this section. In determining the amount of the penalty, the Director or City Council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the discharger.
(D) Unless appealed, orders setting penalties under this section shall become effective and final upon issuance, and payment shall be made within 30 days. Copies of the orders shall be served as described above on the user and upon other persons who appeared at the hearing and requested a copy.
(E) The amount of any penalties imposed under this section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the penalty. Unpaid penalties shall, after 30 days, be assessed a collection charge of 10% to reimburse the city for its reasonable costs of collecting the overdue penalties.
(F) Issuance of a penalty pursuant to this section shall not be a prerequisite for taking any other action against a user. No liability shall be recoverable under this section for any violation for which liability is recovered under § 13.08.460.
(`78 Code, § 13.08.465.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008.)