(A) In the event that an IU is found to have violated an order of the District, has failed to comply with any provision of this chapter, the regulations or rules of the District, or permits issued hereunder, the District may find that an offense has occurred and impose monetary penalty of not less than $1,000 nor more than the amount listed below for each offense, or if not listed, then an amount not to exceed $7,500 for each offense. Unless otherwise specified below, each day a violation continues shall be deemed a separate offense.
Nature of Violation/Exceedance | Penalty |
Nature of Violation/Exceedance | Penalty |
Exceedance of local limit | |
Discharger with average daily flow of 0-10,000 gpd | $1,000 |
Discharger with average daily flow of 10,001-25,000 gpd | Up to $1,500 |
Discharger with average daily flow of25,001-50,000 gpd | Up to $2,000 |
Discharger with average daily flow greater than 50,000 | Up to $2,500 |
Exceedance of Categorical Standard | Up to $2,500 |
Discharges of prohibited substances or unauthorized discharge | |
Discharger with average daily flow of 0-10,000 gpd | $1,000 |
Discharger with average daily flow of 10,001-25,000 gpd | Up to $1,500 |
Discharger with average daily flow of 25,001-50,000 gpd | Up to $2,000 |
Discharger with average daily flow greater than 50,000 gpd | Up to $2,500 |
Failure to submit discharge volume reports, within five business days of stated due date (due date is the tenth day of the month, unless due date falls on Saturday, Sunday, or legal holiday, then due date is next business day) per day thereafter until report is received | $1,000 |
Failure to submit other required reports, within five business days of stated due date | $1,000 |
Failure to meet compliance schedule milestone, per day, until milestone requirement is satisfied | Up to $2,500 |
Falsification of submitted information | Up to $2,500 |
Discharge which causes an incident of upset, interference, or pollutant pass-through at the POTW | Up to $2,500 |
Discharge which results in actual or potential threat to POTW, its personnel, the general public, the environment, or the quality of the POTW’s sludge | Up to $2,500 |
Discharge which causes any condition of imminent danger | Up to $2,500 |
(B) Recovery of costs incurred by the district. Any IU violating any of the provisions of this chapter, or who discharges or causes a discharge producing an obstruction, or causes damage to or impairs the District’s wastewater disposal system shall be liable to the District for any expense, loss, or damage caused by such violation or discharge. The District may bill the IU for the costs incurred by the District for any cleaning, repair, replacement, or other work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of §§ 51.135 through 51.147 and 51.999.
(C) Falsifying information. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter or wastewater discharge permit issued under or by the authority of this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method of sampling, measurement, or monitoring required under this chapter commits a violation thereof and shall, upon conviction, be punished by the imposition of a civil penalty of not more than $7,500 for each offense under this section. In addition, such person may be subject to criminal prosecution, punishable as a misdemeanor or felony under the laws of the state (I.C. 13-30-10-1.5) and the United States (18 U.S.C, § 1621, inter alia). The District may refer any incident of violation of this section to the County Prosecuting Attorney or the United States Attorney for the Northern District of the state for possible criminal prosecution.
(Ord. 18-0017, passed 11-13-2018)