(A) General penalty. 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) Penalty process.
(1) Notice of violation. Whenever the Agency finds that any discharger has engaged in conduct which justifies revocation of a wastewater permit or suspension of service, the Agency will serve the discharger with a written notice, either personally or by certified or registered mail, stating the nature of the alleged violation. Within ten days of the date of receipt of the notice, the discharger must respond personally or in writing to the Agency advising of his or her position with respect to the allegations. Thereafter, the parties must meet to determine the seriousness of the allegations, and where necessary, establish a plan for the satisfactory correction of the violation.
(2) Penalties for violations. Any person who violates any provision of this chapter, except as addressed in divisions (C), (D) and (E) below, commits an infraction, and upon finding and notice thereof, shall be penalized in an amount of not less than $100. Each day on which any such violation shall continue shall be deemed a separate violation.
(3) Damages. Any person in violation of any of the provisions of this chapter, except as addressed in divisions (C), (D) and (E) below, shall become liable to the Agency for any expense, loss or damage caused by such violation.
(4) Falsifying information. Any person who knowingly makes any false statement or representation, record, plan or other document filed with the Agency, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, except as addressed in divisions (C), (D) and (E) below, shall be penalized in an amount not more than $l,000 upon finding and notice thereof.
(5) Injunction. Whenever a discharger is in violation of the provisions of this chapter, except as addressed in divisions (C), (D) and (E) below, or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the Agency may petition any court of competent jurisdiction to restrain the continuance of such discharge.
(6) Civil penalties. Any discharger who is found to have violated an order of the Agency or who has failed to comply with any provisions of this chapter, except as addressed in divisions (C), (D) and (E) below, applicable federal or state regulations, rules of the Agency or orders of any court of competent jurisdiction may be subjected to the imposition of a civil penalty. The mechanism whereby a civil penalty may be levied is governed by local or state statute.
(C) Roof drains. Any person violating any provision of § 52.005 of this chapter may be fined in any amount not exceeding $300.
(Prior Code, § 15.08.020)
(D) Industrial user discharge changes. As per § 52.072 of this chapter, the failure to notify the POTW at least ten days prior to a planned change in discharge constituents or volume shall result in a penalty of $100. Each day or part of a day that any such change is made without the approval of the POTW shall constitute a separate offense and penalty.
(E) Privies, vaults, cesspools and septic tanks. Any person, firm or corporation which shall continue to violate any of the provisions of §§ 52.105 through 52.109 of this chapter beyond the time limit provided for in the written notice of the violation shall be guilty of a misdemeanor, and upon conviction therefor, be fined in any sum not exceeding $20 for each violation. Each day on which any violation may continue shall be deemed a separate offense.
(Prior Code, § 8.36.050)
(Ord. 549, passed 7-1-1957; Ord. 2004-16, passed 1-5-2005; Ord. 2020-02, passed 6-1-2020)