(A) Administrative penalties.
(1) Any user who is found to have violated an order of the District or who has failed to comply with the terms or conditions of their wastewater discharge permit or any provisions of this chapter, and the regulations, or rules of the District or orders of any court of competent jurisdictions may be subjected to the imposition of an administrative penalty. Unless there is another specific penalty provided, the penalty shall be a fine of not more than $1,500 per violation per day.
(2) The fines shall be levied under the signature of the District Manager. Industrial users may appeal the fines to the Board of Commissioners following a show cause hearing.
(3) Each day of violation of any standard or requirement of this chapter constitutes a separate offense.
(B) Civil penalties. Any user who is found to have violated an order of the District or who has failed to comply with the terms or conditions of their wastewater discharge permit or any provisions of this chapter, and the regulations, or rules of the District or orders of any court of competent jurisdiction, may be subjected to the imposition of court- determined civil penalties. Unless there is another specific penalty provided, the penalty shall be a fine of at least $1,000, but not bore than $25,000 per violation per day. Each day of violation of any standard or requirement of this chapter constitutes a separate offense.
(C) Criminal penalties. The District shall have authority to seek criminal penalties in at least the amount of $1,000 a day for each violation.
(D) Injunctive relief. The District shall seek injunctive relief for non-compliance by industrial users with pretreatment standards and requirements.
(1) In general. The District may bring an action for an injunction against any person who violates any provision of this chapter or any rules, regulation, order or permit adopted or issued under this chapter.
(2) Findings. In any action for an injunction under this section, any findings by the District after hearing is prima facie evidence of each fact the District determines.
(3) Grounds. On a showing that any person is violating or is about to violate this section or any rule, regulation, order or permit adopted or issued by the District, the court shall grant an injunction.
(4) Emergency. If an emergency arises due to imminent danger to the public health or welfare, or imminent danger to the environment, the District may sue for an immediate injunction to stop any pollution or other activity that is causing the danger.
(E) Recovery of costs incurred by the district and/or city. Any user violating any of the provisions of this chapter, or who fails to comply with the terms or conditions of their wastewater discharge permit, or who discharges or causes a discharge producing a deposit or obstruction or caused damage to or impairs the POTW shall be liable to the District and/or city for any expense, loss or damage caused by such violation or discharge; including any expenses or fines associated with regulatory agency action related to such violation. The District and/or city shall bill the user for the costs proven to have been incurred by the District and/or city for any cleaning, repair or replacement work caused by the violation or discharges. All findings may be appealed to the POTW and to a court of competent jurisdiction. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of §§ 51.115 through 51.117.
(Prior Code, § 51.999) (Ord. 4290, passed 12-27-1976; Am. Ord. 7650, passed 2-14-1994)