§ 51.999 PENALTY.
   (A)   Civil penalties.
      (1)   A user who 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, shall be liable to the city for a maximum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
      (2)   The Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
      (3)   In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
      (4)   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
   (B)   Criminal prosecution.
      (1)   A user who violates intentionally, knowingly, recklessly, or negligently any provision of this chapter, a 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 $2,000 per violation, per day.
      (2)   A user who intentionally, knowingly, recklessly, 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 the same penalties described in division (B)(1). This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
      (3)   A user who 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, 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 subject to the same penalties described in division (B)(1).
      (4)   Criminal responsibility. A person is criminally responsible for a violation of this chapter if that person intentionally, knowingly, recklessly, or negligently:
         (a)   Commits or assists in the commission of a violation, or causes or permits another person to commit a violation, of this chapter; or
         (b)   Owns or manages the property or facilities determined to be the cause of the illegal discharge under §§ 51.015, 51.016, 51.017, 51.026, or 51.041.
(Ord. 317, passed 10-16-1995; Am. Ord. O-21-932, passed 3-1-2021)