§ 54.162 CRIMINAL PROSECUTION.
   (A)   A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $500 per violation, per day, or imprisonment for not less than 90 days but not more than one year, or both.
   (B)   A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $500, or be subject to imprisonment for not less than 90 days but not more than one year, or both. This penalty shall be in. addition to any other cause of action for personal injury or property damage available under State law.
   (C)   A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $500 per violation, per day, or imprisonment for not less than 90 days but not more than one year, or both.
   (D)   In the event of a second conviction, a user shall be guilty of a Class D felony and be subject to imprisonment for a time period of at least one year but not more than five years.
(Ord. 2017-72.01d, passed 2-27-17)