(A) When the Town Manager finds that a user 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, the Town Manager may fine the user an amount of at least $1,000 per day, per violation, in accordance with 40 CFR 403.8(f)(1)(vi)(A), but no more than $2,500 per day, per violation for a first violation nor more than $7,500 per violation for subsequent violations, in accordance with I.C. 36-1-3-8(a)(10)(B).
(B) Unpaid charges, fines and penalties shall, after 60 calendar days, be assessed an additional penalty of 10% of the unpaid balance and interest shall accrue thereafter at a rate of 1.8% per month. A lien against the user’s property will be sought for unpaid charges, fines and penalties.
(C) Users desiring to dispute the fines must file a written request for the Town Manager to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Town Manager may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Town Manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 14-2000, passed 8-7-00; Am. Ord. 8-2012, passed 4-16-12; Am. Ord. 2-2013, passed 3-4-13)