(A) When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may fine such user in an amount not to exceed the maximum allowable under state law, such as $5,000, plus actual damages sustained by the city or POTW per violation per day for as long as the violation(s) continue(s). In addition to the above-described penalty and damages, the Superintendent may recover reasonable attorney’s fees, court costs, and any and all other expenses of his/her enforcement activities including, but not limited to special sampling and monitoring expenses, to the extent allowable by state or federal law. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(B) Unpaid charges, fines, and penalties shall, after ten calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% per month. A lien against the user’s property shall be sought for unpaid charges, fines, and penalties.
(C) Users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within ten days of being notified of the fine. Where a request has merit, the Superintendent may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 610.1-07-08-13, passed 7-8-2013)