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(a) In addition to civil, administrative or criminal fines or penalties, any industrial user who violates any of the provisions of these rules and regulations, or any wastewater discharge permit or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City's POTW shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The City, by and through its Chairman of the Water Pollution Control Board or other duly authorized representative, shall bill the industrial user for the costs incurred by the City for:
(1) Any investigation, sampling, cleaning, repair, or replacement work, legal fees, or other costs incurred as a result of the violation or discharge; and-
(2) Any and all penalties and/or fines imposed upon and/or required to be paid by the City as the result of its inability to comply with its NPDES permit and/or any other disposal system permits as the result of the industrial user's failure to comply with these rules and regulations, any wastewater permit, and/or any final administrative order or emergency suspension notice of the City.
(b) Refusal to pay the assessed costs shall constitute a violation of these rules and regulations, enforceable under the provisions of this Sub-Chapter and Sub-Chapter 915.400.
(Ord. 30-14. Passed 3-3-14.)
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 these rules and regulations, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these rules and regulations, shall, upon conviction, be guilty of a first degree misdemeanor.
(Ord. 30-14. Passed 3-3-14.)
(a) Any person or industrial user who violates any Section of these rules and regulations or any wastewater discharge permit or any final administrative order or emergency suspension notice of the City issued pursuant to these rules and regulations shall be subject to civil penalties. The City, upon commencement of civil proceedings against any industrial user shall seek any and all appropriate legal and equitable relief against said industrial user including, without limitation, civil penalties of one thousand dollars ($1,000) per day for each day the industrial user violates or continues to violate any provisions of these rules and regulations or any wastewater discharge permit, or any final administrative order or emergency suspension notice issued by the City pursuant to these rules and regulations.
(b) The Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
(c) In determining the amount of civil 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 of the violation, any economic benefit gained through the User's violation, corrective actions by the User, the compliance history of the User, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 30-14. Passed 3-3-14.)
(a) Any person or industrial user who willfully or negligently violates any Section of these rules and regulations or who discharges or causes a discharge into the City's POTW without first securing a wastewater discharge permit or who violates Section 915.503, shall, upon conviction, be guilty of a first degree misdemeanor. Such criminal proceedings shall be brought in the appropriate local court by the Law Director for the City or by the Prosecutor having jurisdiction thereover following the authorization of such action by the City.
(b) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a first degree misdemeanor and be subject to a penalty of at least one thousand ($1,000) dollars, or be subject to imprisonment for not more than six (6) months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
(c) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to these rules and regulations, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these rules and regulations shall, upon conviction, be guilty of a first degree misdemeanor and be punished by a fine of not more than one thousand ($1,000) dollars per violation, per day, or imprisonment for not more than six (6) months, or both.
(d) In the event of a second conviction, a user shall be punished by a fine of not more than one thousand ($1,000) dollars per violation, per day, or imprisonment for not more than six (6) months, or both. (Ord. 30-14. Passed 3-3-14.)
The remedies provided for in these rules and regulations are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Director may take other action against any User when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. (Ord. 30-14. Passed 3-3-14.)
MISCELLANEOUS
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