(a) Judicial Remedies. If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of this chapter or any order or permit issued hereunder, the Director, through the City Law Director may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas for Allen County.
(1) Injunctive relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Director, through counsel may petition the Court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user. The Director shall have such remedies to collect these fees as it has to collect other sewer service charges.
(2) Civil penalties. Any industrial user who has violated or continues to violate this chapter or any order or permit issued hereunder shall be liable to the Director for a civil penalty of not more than ten thousand dollars ($10,000), but at least one thousand dollars ($1,000) per violation per day for as long as the violation continues, plus actual damages incurred by the POTW. In addition to the above described penalty and damages, the Director may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses. The Director shall petition the Court to impose, assess, and recover such sums. In determining amount of 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, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.
(3) Criminal prosecution.
A. Any industrial user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000) per violation per day or imprisonment for not more than one year, or both.
B. Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater permit, 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 one thousand dollars ($1,000) per violation per day or imprisonment for not more than one year or both.
(b) Administrative Fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permits and orders issued hereunder, shall be fined in an amount not to exceed one thousand dollars ($1,000) per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the Director shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property. Industrial users desiring to dispute such fines must file a request for the Director to reconsider the fine within ten days of being notified of the fine. Where the Director believes a request has merit, he shall convene a hearing on the matter within fifteen days of receiving the request from the industrial user.
(c) Recovery of Costs Incurred by the Authority. Any user 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 may bill the user for the costs incurred by the City for any cleaning, repair or replacement work caused by the violation or discharge.
(Ord. 175-91. Passed 7-8-91; Ord. 246-21. Passed 10-25-21.)