§ 52.99 PENALTY.

   (A)   (1)   Any industrial user violating any provisions regarding pretreatment standards and requirements of §§ 52.30 through 52.54 of this chapter shall be subject to civil monetary penalty in at least the amount of $1,000 per day for each violation or criminal fines in at least the amount of $1,000 per day for each violation.

      (2)   In addition, the POTW shall be entitled to obtain injunctive relief for noncompliance by industrial users with the said pretreatment standards and requirements of §§ 52.30 through 52.54 of this chapter in any court of competent jurisdiction.

   (B)   Any person other than industrial users violating any provision §§ 52.30 through 52.54 of this chapter except § 52.41 shall be served by the district or such other authority, such as the County Health Department, with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time, not to exceed 90 days, stated in such notice, permanently cease all violations.

   (C)   Any person other than industrial users who shall continue any violation beyond the time limit provided for in division (B) of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Any person other than industrial users violating the provisions of this section shall be guilty of a misdemeanor and be fined not less than $100 nor more than $500, in addition to the penalty set forth in division (E) of this section.

   (D)   Any person violating any of the provisions of §§ 52.30 through 52.54 of this chapter shall become liable to the district for any expense, loss, or damage occasioned the district by reason of such violation.

   (E)   Any person violating any of the provisions of §§ 52.30 through 52.54 of this chapter may be subject to termination of their authorization to discharge sewage into the district’s system.

   (F)   The district shall have the authority to seek injunctive relief for any violation of the provisions of §§ 52.30 through 52.54 of this chapter. The district shall have the authority to immediately halt the discharge if there is imminent danger to the publicly owned treatment works systems or individuals.

   (G)   Any user who knowingly and/or negligently makes any false statements, representations or certification of any application, record, report, plan or the document filed or required pursuant to §§ 52.30 through 52.54 of this chapter or industrial user discharge permit or who falsifies, tampers with or knowingly and/or negligently renders inaccurate any monitoring device or method required under§§ 52.30 through 52.54 of this chapter, shall be punished by a fine of at least $1,000 or by imprisonment for not more than 12 months, or by both.

   (H)   Any person who violates the provisions of this chapter, who fails to carry out duties and responsibilities imposed by this chapter, or who impedes or interferes with any action undertaken or ordered pursuant to this chapter shall be subject to the following penalties:

      (1)   The district shall give the consumer notice by either mail or delivery that water services will be discontinued within a specified time due to the violation and that the consumer will have the opportunity to appeal the termination by requesting a hearing scheduled before the district governing body or a district official designated as a hearing officer by the governing body.

      (2)   If such a hearing is requested by the consumer charged with violation, he or she shall be given an opportunity to be heard before termination is ordered.

      (3)   The governing body or hearing officer shall make findings of fact and order whether service should be terminated.

      (4)   Any person violating this article may also be prosecuted in County District Court. Any person so charged and found guilty of violating the provisions of this article shall be guilty of a class B misdemeanor. Each day’s violation shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of $100, which may not be adjusted by the court. In addition, such person may be required by the court to serve a definite term of confinement in the county jail, which shall be fixed by the court and which shall not exceed 30 days. The penalty for a second violation during a continuous period of declared shortage or emergency shall be a mandatory fine of $200 which may not be adjusted by the court. In addition, such person shall serve a definite term of confinement in the county jail which shall be fixed by the court and which shall not exceed 30 days. Penalties for additional violations shall be the same as for the second violation.

(Ord. 01-07.28.16, passed 7-28-2016)