(A) Written Notice.
(1) Any user found to be violating any provision of this chapter or a wastewater permit or order issued hereunder, shall be served by the Superintendent or his designee with written notice stating the nature of the violation. The offender shall permanently remedy all violations upon receipt of this notice.
(2) As contained in § 50.136, the notice may be of several forms. Also as contained in §§ 50.135 - 50.139, penalties of various forms may be levied against users for violations of this chapter. The penalties, if levied, shall range from publication of violators in the local newspaper to administrative fines of up to $1,000.00 per day per violation.
(B) Revocation of Permit:
(1) Any user violating any of the provisions of this chapter or a wastewater permit order issued hereunder, may be subject to termination of its authority to discharge sewage into the municipal sewer system. Such termination may be immediate if necessary for the protection of the POTW. Said user may also have water service terminated.
(2) Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of this chapter:
(a) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or,
(d) Violation of conditions of the permit.
(C) Destruction of POTW. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the POTW. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct. It shall be noted that the Clean Water Act does not require proof of specific intent to obtain conviction.
(D) Legal Action. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state Pretreatment Requirements or any order of the city, the city may commence an action for appropriate legal and/or equitable relief in the appropriate Court of this jurisdiction.
(E) Injunctive Relief. Whenever a user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Superintendent, through counsel may petition the Court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the user.
(F) Civil Penalties:
(1) Any user who has significantly violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the Superintendent for a civil penalty of not more than $5,000.00 per day plus actual damages incurred by the POTW per violation per day for as long as the violation continues. Each day in which such violation shall continue shall be deemed a separate offense. In addition to the above described penalty and damages, the Superintendent may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The Superintendent may petition the Court to impose, assess and recover such sums. In determining amount of 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, 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.
(G) (1) Violations - General:
(a) Any user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $5,000.00 per violation per day or imprisonment for not more than one (1) year or both.
(b) Any user who knowingly and/or negligently makes any false statements, representation or certification of any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or Wastewater Contribution Permit, 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 less than $1,000 and not more than $5,000.00 or by imprisonment for not more than 12 months, or by both.
(c) In the event of a second conviction, the user shall be punishable by a fine not to exceed $10,000.00 per violation per day or imprisonment for not more than three (3) years or both.
(H) Liability. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation, including attorney's fees and court costs unless otherwise prohibited by state or federal law. This civil liability is as provided by state and federal regulations.
(Ord. 12-93-1, passed 12-6-93; Am. Ord. 5-94-1, passed 6-6-94)
(I) Any industrial user who violates any provisions of this chapter, any orders or permits issued hereunder, or any other pretreatment requirements shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $500.00 per violation per day or imprisonment for not more than one year, or both.
(Ord. 7-91-1, passed 7-1-91)