(A) Injunctive relief. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Superintendent may petition the Lee County District Court at Fort Madison through the City’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirements imposed by this chapter on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.
(B) Civil penalties.
(1) Any user which has violated or continues to violate this chapter, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the Superintendent 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 Superintendent may recover reasonable attorney 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, any economic benefit gained through the user’s violation, corrective action 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 prerequisite for taking any other action against a user.
(C) Criminal prosecution.
(1) Any user that wilfully or negligently violates any provision of this chapter, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a simple misdemeanor, punishable by a fine of not more than $200 per violation per day or imprisonment for not more than 30 days.
(2) Any user that wilfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a simple misdemeanor and be subject to a penalty of not more than $200 or be subject to imprisonment for not more than 30 days. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) Any user that 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, wastewater discharge permit or order or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punishable by a fine of not more than $200 per violation per day or imprisonment for not more than 30 days.
(D) Simple misdemeanor. Any violation of this chapter, wastewater discharge permits or orders issued hereunder, is a simple misdemeanor. Each day that a violation continues shall constitute a separate offense.
(E) Municipal infraction.
(1) Any violation of this chapter arising from non-compliance with a pretreatment standard or requirement, referred to in 40 C.F.R. § 403.8 by an industrial user is a municipal infraction and punishable by a civil penalty of not more than $1,000 for each day a violation exists or continues.
(2) The city may classify a municipal infraction, other than a violation arising from non- compliance with a pretreatment standard or requirement, as an environmental violation if the infraction is a violation of Iowa Code Chapter 455B or a violation of a standard established by the city in consultation with the Department of Natural Resources, or both. A municipal infraction which is classified an environmental violation is punishable by a civil penalty of not more than $1,000 for each occurrence. A person committing an environmental violation is not subject to a civil penalty, if all of the following conditions are satisfied:
(a) The violation results solely from the person conducting an initial start-up, cleaning, repairing, performing scheduled maintenance, testing or conducting a shutdown, of either equipment causing the violation or the equipment designed to reduce or eliminate the violation;
(b) The person notifies the city of the violation within 24 hours from the time that the violation begins; and
(c) The violation does not continue in existence for more than eight hours.
(3) The city shall not enforce this section against a person committing an environmental violation, until the city offers to participate in informal negotiations with the person. If the person accepts the offer, the city and the person shall participate in good faith negotiations to resolve issues alleged to be the basis for the violation.
(F) Remedies non-exclusive. The provisions in §§ 8-2-9 through 8-2-11 of this chapter are not exclusive remedies. The city reserves the right to take any, all or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any non-compliant user. These actions may be taken concurrently.
(Ord. C-172, passed 9-7-1993; Ord. C-322, passed 4-4-2000)