(A) Generally. 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) Civil penalties.
(1) A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) The Operational Manager may recover reasonable attorneys’ fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by IMU.
(3) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Prior Code, § 56.106)
(C) Criminal prosecution.
(1) A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 365 days for each violation, or charge, or both.
(2) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a Class A misdemeanor and be subject to a penalty of a fine not more than $1,000 per violation, or be subject to imprisonment for not more than 365 days per violation, or charge, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) A user who 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, individual wastewater discharge permit or order issued hereunder, 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 not more than $1,000 per violation, or be subject to imprisonment for not more than 365 days per violation, or charge, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(4) In the event of a second conviction, a user shall be punished by a fine not more than $1,000 per violation, or be subject to imprisonment for not more than 365 days per violation, or charge, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(Prior Code, § 56.107)
(Ord. 2011-52-02, passed 1-12-2015; Ord. 2014-01, passed 1-12-2015)