§ 51.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   Whoever violates any provisions of §§ 51.015 through 51.021, except § 51.018(R), shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the correction. The offender shall, within the period of time stated in such notice, permanently cease all violations.

   (C)   Any person who continues any violation beyond the time limit provided for in (B) above shall be guilty of a punishable violation, and, on conviction thereof, shall be fined in an amount not exceeding $100 for each violation. Each day in which any such violation continues shall constitute a separate offense with the maximum fine for said offense not to exceed $2,500.

   (D)   Any person violating any of the provisions of §§ 51.001 through 51.002, 51.015 through 51.022, 51.035 through 51.040, and 51.055 through 51.059 shall become liable to the city for any expense, loss, or damage occasioned the city or downstream users by reason of such violation.

   (E)   Civil penalties:

      (1)   A user who has violated, or continues to violate, any provision of the POTW subchapters, 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 $2,500 per day, plus costs, expenses, and fees, including the reasonable attorney’s fees of the city. 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 Wastewater Utility Manager may recover reasonable attorney’s 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.

(Ord. 1996-19, passed 9-26-1996; Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)