(A) Administrative fines.
(1) When the Superintendent finds that a user 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, the Superintendent may fine such user in an amount not to exceed $7,500. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Unpaid charges, fines and penalties shall, after 30 calendar days, be assessed an additional penalty of 5% of the unpaid balance, and interest shall accrue thereafter at a rate of 3% per month. A lien against the user’s property shall be sought for unpaid charges, fines and penalties.
(3) Users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Superintendent may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(B) Judicial enforcement remedies.
(1) Injunctive relief. When the Superintendent finds that a user 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, the Superintendent may petition the [insert name of appropriate court] through the Town Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The Superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(2) Civil penalties.
(a) 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 town for a maximum civil penalty of $7,500 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.
(b) The Superintendent 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 the town.
(c) 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.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(3) Criminal prosecution.
(a) 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 $7,500 per violation, per day, or imprisonment for not more than one year, or both.
(b) 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 misdemeanor and be subject to a penalty of at least $7,500, or be subject to imprisonment for not more than one year, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c) 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 $7,500 per violation, per day, or imprisonment for not more than one year, or both.
(d) In the event of a second conviction, a user shall be punished by a fine of not more than $7,500 per violation, per day, or imprisonment for not more than one year, or both.
(4) Remedies non-exclusive.
(a) The remedies provided for in this chapter are not exclusive. The Superintendent may take any, all or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the town’s enforcement response plan.
(b) However, the Superintendent may take other action against any user when the circumstances warrant. Further, the Superintendent is empowered to take more than one enforcement action against any non-compliant user.
(5) Violations.
(a) Any person found to be violating any provisions of this chapter shall be served by the town with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, immediately halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of the public, the environment and/or which threatens to interfere with the operation of the POTW.
(b) Any person permitting said violation to occur, causing said violation to occur, or being the named or record user of the sewer at the site where the violation occurred, shall be charged a one time fine as a result of said violation, such fine including, but not limited to, any costs of clean-up, correction or expenses incurred by the sewer plant as a result of said violation, as well as any professional fees, including attorneys’ fees incurred as a result of the violation and its clean-up.
(c) Any person who shall continue any violation beyond the time limit provided for in § 53.30 of this chapter shall be guilty of a major violation, and on conviction thereof shall be fined at least $1,000 per day, per violation, in accordance with 40 C.F.R. § 403.8(f)(1)(vi)(A), but no more than $2,500 per day, per violation for a first violation, nor more than $7,500 per day per violation for subsequent violations, in accordance with I.C. 36-l-3-8(a)(10)(B). Each day in which any violation shall continue after the date referred to in § 53.30 of this chapter shall be deemed a separate offense.
(d) Any person violating any of the provisions of this chapter shall become liable to the town for any expense, loss or damage occasioned by the town by reason of such violation, including, but not limited to, professional and attorneys’ fees incurred.
(Ord. 2014-01-20, passed 1-20-2014)