§ 914.99  PENALTY.
   (A)   Recovery of costs incurred by the city.  Any discharger violating any provision of this chapter, their wastewater discharge permit, or any order of the city or court of competent jurisdiction which results in damage or impairment of the city's POTW or which results in excessive costs of treatment shall be liable to the city for any expense, loss, or damage caused by such violating discharge. The city shall bill the discharger for the costs incurred as a result of the discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of division (C) of this section or other applicable sections of this chapter or of applicable Ohio law.
   (B)   Administrative fines.
      (1)   The city may assess, on a strict liability basis, except where this chapter expressly provides for an affirmative defense, administrative fines not to exceed $500 per violation against any person who violates any provision of this chapter. Each day or portion thereof when a violation occurs, shall be considered a separate violation.
      (2)   In determining the amount of an administrative fine, the city shall consider the magnitude and severity of the violation, history of past violations or compliance, economic advantage accrued by the violator due to the violation, and actions taken by the violator to comply with this chapter.
      (3)   Any administrative fines assessed by the city may be added to the person's sewer service charge, and the city shall have such collection remedies as provided to collect other service charges.
      (4)   Any person assessed an administrative fine pursuant to this section may appeal the action of the city as provided for in § 914.05(F).
   (C)   Judicial proceedings.  The city may commence an action for appropriate legal and/or equitable relief in the appropriate courts with respect to the conduct of a discharger contrary to the provisions of this chapter.
      (1)   Injunctive relief.  Whenever an industrial user has violated or continues to violate any provision of this chapter, its wastewater discharge permit, or any order of the city or court of competent jurisdiction, the city may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) to restrain or compel activities on the part of the industrial user.
      (2)   Civil penalties.  Any discharger who is found to have violated any provision of this chapter, their wastewater discharge permit, or any order of the city or court of competent jurisdiction shall be subject to the imposition of a civil penalty of up to $1,000 per violation.  Each day on which a violation occurs or continues shall be deemed a separate and distinct violation.  In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the discharger.
      (3)   Criminal penalties. Any person, or persons which intentionally or willfully violate any provision of this chapter, their wastewater discharge permit, or any order of the city or court of competent jurisdiction or any person or persons that allow a violation to continue after becoming aware of said violation shall be punishable, upon conviction, by a criminal penalty of up to $1,000 per day per violation and not more than six months in fail.
   (D)   Falsifying information.  Any person or persons who knowingly make any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, any wastewater discharge permit, or any order of the city or court of competent jurisdiction, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method, shall be punishable, upon conviction, by a criminal penalty of up to $1,000 per day per violation and not more than six months in jail.
(Ord. 8623, passed 1-14-03 ; Am. Ord. 9622, passed 11-27-07 )