A. Civil Penalties: Any user that violates an order of the city, or that fails to comply with: 1) any provision of this chapter or 2) any regulation, rule or permit of the city issued pursuant to this chapter, shall be liable to the city for a civil penalty. The amount of such civil penalty shall be not more than one thousand dollars ($1,000.00) per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long term average limit, penalties shall accrue for each day during the period of the violation. Such penalties may be recovered by judicial actions commenced by the city as provided in subsection B of this section. In addition, the city may commence an action to terminate the user's wastewater treatment service.
B. Injunctive Relief: When the city finds that a user has violated or continues to violate any provision of this chapter, an indirect discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may petition the district court in the fourth judicial district of Idaho for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the indirect discharge permit, order, or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
C. Criminal Prosecution:
1. Any user that wilfully or negligently violates any provision of this chapter, an indirect discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by fines and/or imprisonment to the maximum extent allowable under state law. Criminal fines shall be imposed on a per violation, per day basis.
2. Any user that wilfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty and/or imprisonment to the maximum extent allowable under state law. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
3. Any user that knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, an indirect discharge permit, or order issued hereunder, or that falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by fines and/or imprisonment to the maximum extent allowable under state law. (Ord. 228, 6-10-2009)