(A) It is recognized that Indiana law does not grant municipalities the authority to “impose” criminal sanctions for violations of local ordinances; however, the Corporate Counsel for the City of Kokomo is authorized, where appropriate, to “seek” criminal sanctions for such violations by referring matters involving possible violation of criminal statutes to the Howard County Prosecutor for criminal prosecution. Where such criminal sanctions are “sought” by the control authority in a criminal action filed by the Howard County Prosecutor, the control authority shall seek criminal penalties equal to at least $1,000 per violation per day in accordance with 40 CFR § 403.8(f)(1)(vi)(A). The total amount of criminal liability; however, shall be determined by the court of competent jurisdiction.
(B) The Superintendent also reserves the right to refer suspected negligent, willful or knowing violations of environmental statutes to the Indiana Department of Environmental Management, the United States Environmental Protection Agency, or other state or federal enforcement agency, as appropriate, for possible criminal prosecution.
(C) A user who willfully or negligently violates any provision of this chapter, an individual or general wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be subject to applicable sanctions provided by state and federal criminal statutes.
(D) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be subject to applicable sanctions provided by state and federal criminal statutes. Such sanctions shall be in addition to any other cause of action for personal injury or property damage available under state law.
(E) 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, general 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 subject to applicable sanctions provided by state and federal criminal statutes.
(F) All reports and other documents required to be submitted pursuant to this chapter are subject to:
(1) The provisions of 18 U.S.C. Sec. 1001 relating to fraud and false statements;
(2) The provisions of Section 309(c)(4) of the Clean Water Act, as amended, governing false statements, representations or certifications; and
(3) The provisions of Section 309(c)(6) of the Clean Water Act, as amended, regarding responsible corporate officers.
(Ord. 6619, passed 1-28-13)