(A) (1) Any person in violation of this chapter, or of any permit issued pursuant hereto, or standards, rules and regulations, any order of the City Manager issued pursuant to those rules and regulations or this chapter, shall be:
(a) Subject to the municipal civil infractions provisions of Chapter 11 of the city code, which the City Manager is authorized to enforce citations pursuant thereto; and
(b) For such violations not covered by the civil infractions provisions of Chapter 11 of the city code, shall, if convicted, be subject to a criminal penalty of up to $500 per day or imprisonment for 90 days or both such penalty and imprisonment.
(2) Each act of violation and every day upon which any violation is permitted or suffered to exist, shall constitute a separate violation and shall be subject to a separate penalty. The City Manager may issue a notice of violation calling for corrective action prior to issuing a citation pursuant to Chapter 11 of the code. In the case of a conviction pursuant to this section of a discharger who is not a natural person, any officer or director of a corporation, any officer or partner of a partnership, or any member of a limited liability company, or any officer or owner of a proprietorship is hereby deemed to be a proper person to serve any term of imprisonment imposed by the court as a result of the conviction.
(B) In addition to, and expressly not in lieu of the foregoing, any discharger who violates this chapter, or any permit issued pursuant hereto, or the standards, rules and regulations adopted pursuant to this chapter, or any order of the City Manager issued pursuant to this chapter, shall be subject to civil penalties, and to the payment of any damages and costs which may be awarded, by any court of competent jurisdiction.
(C) In addition to any applicable state and federal penalties, any person who:
(1) At the time of a violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this chapter, or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the City Manager under this chapter;
(2) Intentionally makes a false statement, representation or certification in an application for, or form pertaining to, a permit, or in a notice, report or record required by this chapter, or in any other correspondence or communication, written or oral, with the POTW regarding matters regulated by this chapter;
(3) Intentionally falsifies, tampers with or renders inaccurate any sampling or monitoring device or record required to be maintained by this chapter; or
(4) Commits any other act that is punishable under state law by imprisonment for more than 90 days: shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500 per violation, per day, or imprisonment for up to 90 days, or both at the discretion of the court.
(Ord. effective 11-15-2013)