(A) Civil penalties.
(1) (a) Any person who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to JSEWD for a civil penalty of not more than $5,000 per day plus actual damages incurred by the JSEWD per violation per day for as long as the violation continues.
(b) Each day in which the violation shall continue shall be deemed a separate offense. In addition to the above described penalty and damages, the JSEWD may recover reasonable attorneys’ fees, court costs, court reporter’s fees, and other expenses associated with the enforcement activities, including without limitation sampling and monitoring expenses.
(2) The JSEWD may impose, assess and recover the aforementioned sums. In determining the amount of liability, the JSEWD shall take into account all relevant circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the offender’s violation, corrective actions by the offender, the compliance history of the offender, and any other factor as justice requires.
(B) Criminal prosecution.
(1) Any person who willfully or negligently violates any provision of this chapter or any orders of permits issued hereunder shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed $5,000 per violation per day or imprisonment for not more than 1 year or both.
(2) Any person who knowingly and/or negligently makes any false statements, representation or certification of any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater contribution permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 12 months, or by both.
(3) In the event of a second conviction, the person shall be punishable by a fine not to exceed $10,000 per violation per day or imprisonment for not more than 3 years, or both.
(Ord. passed 10-4-2005; Am. Ord. passed 8-3-2010)