§ 52.999  PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is proscribed shall be subject to § 10.99 of this code of ordinances.
   (B)   Any person or owner who fails to cease and desist from discharging runoff into the combined sewers within 90 days of written notice to do so shall be in violation of § 52.150, and in addition to all other rights and remedies of the city for such violation shall, upon conviction, be sentenced to pay a fine not less than $300 nor more than $1,000 or imprisonment for a term not exceeding 90 days, or both. Each 30 days of non compliance shall constitute a separate offense.
   (C)   Any person violating any of the provisions of §§ 52.165 to 52.184 may, on conviction in a summary proceeding, be subjected to a fine of not less than $50 nor more than $1,000 for each offense, together with costs of prosecution, and in default of payment thereof undergo imprisonment in the county jail for a term not in excess of 30 days.
   (D)   (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 city for a maximum civil penalty of $1,000 per day per violation. Each violation for each separate day shall constitute a separate and distinct offense under this section. In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of the violation.
      (2)   In addition to the civil penalties provided herein, the city may recover interest, damages, reasonable attorney’s fees, expert witness fees, administrative or show cause proceedings costs and/or court costs, court reporter fees and other administrative enforcement, proceedings and/or litigation expenses against the person or user found to be in violation of this chapter.
      (3)   In determining the amount of the civil penalty 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 factors as justice requires, expressly including the factors set forth in the city’s civil penalty assessment policy attached hereto as Appendix A.
      (4)   Filing a suit for judicially-imposed civil penalties hereunder shall not be a bar against, or a prerequisite for, taking any other action against a user.
   (E)   (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 criminal summary offense, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days, 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 criminal summary offense and be subject to a penalty of not more than $1,000, or be subject to imprisonment for not more than 90 days, 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 criminal summary offense, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days, or both.
(Ord. 1225, passed 3-21-1977; Ord. 1433, passed 7-1-2002; Ord. 1562, passed 5-2-2016)
Cross-reference:
   Civil penalty assessment policy, see Appendix A