(A) Penalties and remedies shall be as follows.
(1) Any violation of any provision of this chapter shall constitute a misdemeanor and shall subject the violator to the maximum fine permissible under state law.
(2) Any act constituting a violation of this chapter shall also subject the offender to a civil penalty up to the full amount of penalty to which the town is subject for violations of its Phase II storm water permit, or $27,500 per day for each violation. If the offender fails to pay the penalty within ten days of receiving final written notice of a violation, the penalty may be recovered by the town in a civil action in the nature of a debt. A civil penalty may not be appealed to the Storm Water Administrator if the offender received a final written notice of violation and did not file the appeal within 30 days.
(3) Any person who negligently violates any permit condition of the Phase II Storm water permit issued to the town is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than one year, or both.
(4) Any person who knowingly violates conditions of the Phase II Storm water permit issued to the town is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than three years, or both.
(5) Any person who violates a condition of the Phase II Storm water permit issued to the town may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500.
(6) Each day that any violation continues after receipt of the final written notice of the violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.
(7) In addition to the penalties and remedies above, the town may institute any appropriate action or proceedings to prevent, restrain or abate a violation of this chapter.
(B) Any person that allows, acts in concert, participates, directs or assists directly or indirectly in an illegal discharge shall be subject to civil penalties as follows:
(1) For first time offenders, if the quantity of the discharge is equal to or less than five gallons and consists of domestic or household products, the person shall be assessed a civil penalty not to exceed $100 per violation or per day for any continuing violation. If the quantity of the discharge is greater than five gallons or contains non-domestic substances or if the person cannot provide clear and convincing evidence of the volume and nature of the substance discharged, the person shall be assessed a civil penalty not to exceed $1,000 per violation or per day for continuing violation.
(2) For repeat offenders, the amount of the penalty shall be double the amount assessed for the previous penalty not to exceed $10,000 per violation or per day for any continuing violation.
(3) The Storm Water Administrator shall take the following into consideration when determining the civil penalty amount:
(a) The degree and extent of harm to the environment, public health and property;
(b) The cost of remedying the damage;
(c) The willfulness of the violation;
(d) The duration of the violation;
(e) The violator’s prior record in complying or failing to comply with this chapter; and
(f) The amount of money saved by the violator by noncompliance.
(4) If the offender fails to pay the penalty within ten days of receiving final written notice of a violation, the town in a civil action may recover the penalty. A civil penalty may be appealed under the process provided in § 153.010. A civil penalty may not be appealed if the offender received a final written notice of violation and penalty and did not file an appeal within 30 days.
(5) Each day that any violation continues after receipt of the final written notice of the violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.
(6) In addition to the penalties and remedies above, the town may institute any appropriate action or proceedings to prevent, restrain, correct or abate a violation of this chapter.
(Ord. passed 7-15-2008)