(A) Civil penalties. In addition to any other enforcement authority contained in this chapter, the Director may issue a civil citation to any person who has violated, or continues to violate, any provision of this chapter or any related laws or regulations. A person who violates any requirement of this chapter or any applicable NPDES or AZPDES storm water permit condition shall be civilly liable to the town for a sum not to exceed $500 per day for each violation.
(B) Criminal penalties. A person who willfully or negligently violates any provision of this chapter or any related laws or regulations shall, upon conviction, be guilty of a misdemeanor and be punished by a fine not to exceed $2,500 per day for each violation and/or by imprisonment for a period not to exceed six months.
(C) Criminal prosecution. Some intentional violations may constitute criminal violations of federal, state, and town law, and that under such circumstances, the Director may seek the assistance of the EPA, the state, or the town prosecutor to commence civil and/or criminal action against any person who violates any requirement of this chapter or any applicable NPDES or AZPDES storm water permit condition.
(D) Revoking or withholding of permit. In addition to or in lieu of all other available penalties, the town may revoke or withhold any permit, approval, or license to construct improvements to real property or operate a business in the town if the holder of such permit, approval, or license is in violation of any requirement of this chapter or any applicable NPDES or AZPDES storm water permit condition.
(E) Liability for costs. The Director may assess liability for costs to any person in violation of this chapter for all actual costs incurred by the town in surveillance, sampling and testing, abatement, and remediation associated with a discharge. Additionally, the Director may assess liability for costs to any person whose discharge resulted in a violation of the town’s AZPDES storm water permit.
(Ord. 2016-02, passed 9-8-2016; Ord. O2020.19, passed 4-23-2020)