(a) Violation and Punishment. Any discharger violating an order of the City or failing to comply with any provision of this chapter, and the regulations or rules of the City, or orders of any court of competent jurisdiction, or permits issued hereunder, shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisoned for not more than six months, or both. Each day in which any violation continues shall be deemed a separate offense.
(b) Recovery of Costs Incurred by City. Any discharger violating any of the provisions of this chapter, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City's wastewater disposal system shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The City shall bill the discharge, for the costs incurred by the City for any cleaning, repair or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of Section 916.12.
(c) Falsifying Information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both.
(d) Civil Penalties.
(1) Any industrial user who has violated or continues to violate any provision of this chapter, or any order or permit issued hereunder, shall be liable for a civil penalty of up to one thousand dollars ($1,000) per day, per violation, for as long as the violation(s) continue, plus any cost of damages incurred by the POTW. In addition to the above penalties and costs of damage, the City may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(e) Administrative Fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or any order or permit issued hereunder, shall be liable to the Superintendent for an administrative fine in an amount not to exceed one thousand dollars ($1,000) per day. Each day of which noncompliance shall occur or continue, shall be deemed a separate and distinct violation.
Industrial users desiring to dispute such fines shall file a request for the Superintendent to reconsider the fine within ten days of being notified of the fine. Where the Superintendent believes a request has merit, he shall convene a hearing on the matter within fifteen days of receiving the request from the industrial user. Any administrative fine shall be assessed in the form of an invoice, payable to the Water Pollution Control Fund.
(Ord. 16-15. Passed 11-23-15.)