(b) Administrative Penalties. In addition to any other remedies set forth herein, a violation of any of the standards or limits of pollutants set forth in Sections 935.21 to 935.29 or a deviation from any of the procedures for testing, sampling, and reporting or a violation of any other section of Sections 935.21 to 935.29, the City shall assess administrative penalties for violations.
(1) When the City finds that a user continues to violate (three or more violations within a twelve month period) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City shall fine such user five hundred dollars ($500.00) for the third violation and increasing one hundred dollars ($100.00) per violation for each subsequent violation. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.
(3) Users desiring to dispute such fines must file a written request for the City to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the City may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The City shall add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(5) If any violation is found to be intentional, or if any violation continues after reasonable notice of the violation has been given or after the discharger becomes aware of the violation, the person or persons responsible may be imprisoned for six months in addition to the fine as set forth above.
(c) Any person violating any provisions of Section 935.29 shall be punished by the imposition of a civil penalty of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or by both.
(Ord. 14-11. Passed 6-7-11.)