SEC. 49-42. ENFORCEMENT.

   (a)   Authority to enforce. The director and the city environmental health officer shall have the power to enforce the provisions of this article, including the right to make inspections and take enforcement action against violators. For purposes of this article, state law, and federal law, the wastewater system is a publicly-owned treatment works.

   (b)   Enforcement response plan.

      (1)   For the purpose of promoting consistency of enforcement throughout the city’s jurisdiction and service area, the director shall promulgate and enforce an enforcement response plan.

      (2)   The plan must contain detailed procedures indicating how the city will investigate and respond to instances of industrial user noncompliance. The plan, at a minimum, must:

         (A)   describe how the city will investigate instances of noncompliance;

         (B)   describe the types of escalating enforcement responses the city will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place;

         (C)   identify, by title, the official or officials responsible for each type of response; and

         (D)   adequately reflect the city’s primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in Title 40, Code of Federal Regulations, Sections 403.8 (f)(1) and (f)(2), as amended, and Sections 49-43 and 49-50 of this article.

   (c)   Administrative search warrants. The municipal court shall have the power to issue to the director or city environmental health officer administrative search warrants, or other process allowed by law, where necessary to aid in enforcing this article.

   (d)   Penalties. A person who violates any provision of this article or any term or condition of an industrial waste discharge permit granted pursuant to this article is guilty of a separate offense for each day or portion of a day during which the violation is continued. Each offense is punishable by a fine of not less than $1,000 or more than $2,000.

   (e)   Criminal responsibility. A person is criminally responsible for a violation of this article if the person knowingly, recklessly, intentionally, or with criminal negligence:

      (1)   commits or assists in the commission of a violation, or causes or permits another person to commit a violation; or

      (2)   owns or manages the property or facilities determined to be the cause of the illegal discharge under Section 49-43, 49-44, 49-46, 49-55.6, or 49-55.7.

   (f)   Civil actions. This article or the terms and conditions of a discharge permit granted pursuant to this article may be enforced by civil court action as provided by state or federal law. (Ord. Nos. 19201; 19682; 21409; 26925; 28084)