(A) Any party responsible for a hazardous material release in an amount exceeding the reportable quantity may be fined not more than $5,000, if the release is not an authorized release, and if the release involved willful violations, negligence, or repeated spills under similar conditions and where a significant quantity of hazardous material is involved taking into account real or potential damage to the environment and threat to the public health. Every incident giving rise to such a release shall constitute a separate offense; however, no party shall be held responsible for more than one violation per day where the violations occur at the same facility and are causally related.
(B) Any party that fails to send immediate notification via "911" as required by § 95.06 may be fined not more than $5,000.
(C) Any party that otherwise violates any provision of this chapter other than § 95.06, including failure to comply with an HMPC Plan, shall be fined up to $5,000. Every incident giving rise to such a violation shall constitute a separate offense; however, no party shall be held responsible for more than one violation per day where the violations occur at the same facility and are causally related.
(D) Any party violating any of the provisions of this chapter shall, subject to the affirmative defenses set forth in § 95.15, become liable civilly to the Metro Government, political subdivisions thereof, or applicable fire protection districts for any expense, loss, or damage caused to the government, political subdivision, or fire protection districts by reason of such violation, including but not limited to any cleanup, evacuation, administrative or other expenses, and legal expenses.
(E) Any party that violates any provision of the MSD Wastewater Discharge Regulations, requirements, or conditions set forth in wastewater discharge permits duly issued by MSD, or who discharges wastewater which causes pollution, or violates any cease and desist order, prohibition, discharge limitation, national standard of performance, pretreatment, or toxicity standard may also be liable civilly to liabilities imposed by the Metropolitan Sewer District. The civil liability may be in a sum not to exceed $32,500 or as set by the Clean Water Act for each violation. Each incident giving rise to a violation of these sections shall constitute a separate offense; however, no party shall be held responsible for more than one violation per day where the violation occurs at the same facility and are causally related.
(F) Any penalties imposed under this section shall be levied by the administering agency, or by any responding agency with jurisdiction to levy penalties pursuant to its legislative authority.
(1994 Jeff. Code, § 95.15) (Jeff. Ord. 17-1993, adopted and effective 7-7-1993) (1999 Lou. Code, § 99.15) (Lou. Metro Am. Ord. No. 121-2007, approved 7-2-2007)