If any person discharges sewage, industrial wastes or other wastes into the POTW contrary to the provisions of this chapter or any order or permit issued hereunder, the Coordinator, through the Village's Solicitor, may commence an action for appropriate legal and/or equitable relief in the Common Pleas Court for Licking County.
(a) Civil Penalties. Any user who has or continues to violate any provision of this chapter, and the orders, rules, regulations and permits issued hereunder shall be liable for a civil penalty of not less than one thousand dollars ($1,000.00) per day per for each violation plus damages incurred by the POTW for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Any user who has or continues to violate any provision of this chapter or the orders, rules, regulations and permits issued hereunder shall be liable for all reasonable attorney fees, expert witness fees, consulting fees, court costs, court reporter fees and other related expenses incurred by the POTW to enforce this ordinance. The Village may also recover special expenses including, but not limited to, equipment rental, chemicals and labor necessary for the proper operation and maintenance of all wastewater facilities.
(b) Criminal Penalties.
(1) General. Any user who willfully or knowingly violates any provision of this ordinance or any orders or permits issued hereunder shall, upon conviction, by guilty of an unspecified crime, punishable by a fine of one thousand dollars ($1,000.00) per day per for each violation or imprisonment for not more than one year or both. Each day on which the violation occurs or continues shall be deemed a separate offense. In the event of a second conviction, the user shall be punishable as a repeat offender under State law.
(2) Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall upon conviction, be punished by a fine of $1,000.00 per violation per day per for each violation or by imprisonment for not more than one year, or by both. In the event of a second conviction, the user shall be punishable as a repeat offender under State law.
(c) Injunctive Relief. Whenever a user has violated or continues to violate the provisions of this ordinance or a permit or order issued hereunder, the Coordinator and/or Enforcement Board, through the Solicitor, may petition the Court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the user.
(Ord. 05-16. Passed 4-27-16.)