A. Criminal Penalties:
1. Pursuant to Utah Code Annotated title 19, chapter 5, as amended, and the SVSD's pretreatment rules and regulations, a fine not exceeding twenty five thousand dollars ($25,000.00) per day shall be assessed against any person who wilfully or with gross negligence:
a. Discharges pollutants in violation of any condition or limitation included in a wastewater discharge permit or contract issued pursuant to any applicable law;
b. Discharges pollutants in violation of Utah Code Annotated section 19-5-107(1), as amended;
c. Violates Utah Code Annotated section 19-5-108, as amended, or any requirements adopted pursuant thereto;
d. Violates Utah Code Annotated section 19-5-113, as amended; or
e. Violates a pretreatment standard or toxic effluent standard adopted by the SVSD or city.
2. Any person twice convicted under this section or Utah Code Annotated section 19-5-115(2)(b), as amended, shall be punished by a fine not exceeding fifty thousand dollars ($50,000.00) per day.
3. Any person who knowingly makes a false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under Utah Code Annotated title 19, chapter 5, or by any permit, rule, or order issued pursuant thereto, including, but not limited to, any rule, regulation, order or permit adopted or issued by the SVSD, who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under Utah Code Annotated title 19, chapter 5, shall be punished by a fine not exceeding ten thousand dollars ($10,000.00) or by imprisonment for not more than six (6) months, or by both.
4. In addition to all other penalties, a violation of any provision of this chapter other than subsections A1, A2 and A3 of this section, constitutes a class B misdemeanor carrying with it the maximum punishment permitted under the laws of Utah. Each day in which the violation continues shall be a separate offense.
B. Civil Penalties:
1. Any person who violates Utah Code Annotated title 19, chapter 5, as amended, or any permit, rule, or order adopted under it, or any person who violates the pretreatment rules and regulations adopted by the SVSD, upon a showing that the violation occurred, is subject in a civil proceeding to a civil penalty not to exceed ten thousand dollars ($10,000.00) per day of violation.
2. In addition to all other remedies available, the SVSD may authorize the commencement of a civil action for any appropriate relief, including a permanent or temporary injunction, for any violation or threatened violation of its pretreatment rules and regulations or any of the provisions contained within Utah Code Annotated title 19, chapter 5, as amended, which are by this reference deemed implemented as a part hereof by the city pursuant to Utah Code Annotated section 19-5-115(7), 1953, as amended.
C. Strict Liability: Any person who violates any provision of this chapter shall be guilty without regard to fault, knowledge, intent, or the state of mind of the person committing the violation.
D. Nuisance: Any condition or situation which causes a violation of this chapter is hereby declared to be public nuisance and may be abated as provided by law. (Ord. 1167, 11-10-2015)