(A) General. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Regulations and control of discharge of wastewaters into sanitary sewerage system.
(3) In any case involving a person who is discharging waste into the sanitary sewerage system and where the Chairperson finds that such person has failed to comply with any of these regulations, the procedure for enforcement shall be as follows:
(a) The Chairperson shall give notice to such person by registered mail stating the specifics of the failure of compliance and requiring that the person remedy the failure within 72 hours.
(b) The Chairperson may thereupon, without further notice, cause the water service from the public water system to be discontinued for such person or cause the connection to the sanitary sewer system to be severed for such person.
(c) In any case where water service is discontinued or the sewer connection is severed by Greene County for enforcement purposes, the restoration of such service shall be conditioned on full compliance by such person and payment of any expense incurred in the enforcement proceeding and in the restoration of service.
(d) Greene County may, in its discretion, continue or restore water or sewer service in a case of failure of compliance on condition that such person furnish a bond or other security, with terms as specified by Greene County, to hold harmless Greene County from any loss or expense that it may incur as a result of such non-compliance or any further noncompliance.
(4) In any case involving a person who fails to comply with any of these regulations but who is not discharging waste into the sanitary sewerage system, the Chairperson shall give notice to such person by registered mail stating the specifics of the failure of compliance and requiring that the person promptly remedy the failure. At the same time, the Chairperson shall report the facts of such case, in writing to the Board of Commissioners and to such other government agency as may have jurisdiction and power to take appropriate enforcement action.
(5) In any case involving the use of the sewerage system, Greene County shall have the right to collect the costs of treatment for the wastewater discharged by the user to the sewerage system.
(6) Greene County reserves the right to discontinue its service without notice for the following reasons:
(a) To prevent fraud or abuse;
(b) User’s failure to pay user’s bills as provided for in this regulation;
(c) Emergency repairs;
(d) Legal processes;
(e) Direction of higher public authorities; and/or
(f) Strike, riot, fire, flood, accident, or any unavoidable cause.
(7) Violation of §§ 51.01 through 51.19 shall constitute a misdemeanor, punishable by a fine not in excess of $1,000 per day per violation or imprisonment not in excess of 30 days or both within the discretion of the court. In addition, or in lieu of, or together with any criminal penalties, Greene County shall be entitled to injunctive relief together with any damages caused by a violation of §§ 51.01 through 51.19.
(Ord. passed 2-21-05)
(C) Water quality protection.
(1) Penalty. Violation of any provision of §§ 51.35 through 51.49 may subject the offender to a civil penalty to be recovered by the GCRWS in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after the assessment has become final by exhaustion of the appeal process established by this section, or by failure to appeal the assessment. The civil penalty for violation of any provision of §§ 51.35 through 51.49 shall not exceed $500 per day for each day of continuous violation, or a cumulative or single civil penalty of $10,000. The civil penalty for willful violation of any provision of §§ 51.35 through 51.49 shall not exceed $1,000 per day for each day of a continuous violation, or a cumulative or single civil penalty of $20,000.
(2) Assessment. Any civil penalty shall be assessed by the County Manager, upon the recommendation of the Public Works Director or designee, and shall be based upon the reasonable estimated cost of correcting the cited violation, the magnitude of the potential risk posed to the public health, safety, and welfare by the violation, and the cost of the public safety or other emergency response caused by the violation. The County Manager shall serve written notice of the civil penalty assessment and the offender and set out with reasonable care the basis of the amount so assessed.
(Ord. passed 6-21-04)