§ 10.8 TERMINATION OF DISCHARGE.

   (A)   In addition to the provisions in § 5.6 of this appendix, any user who violates the following conditions is subject to discharge termination:

      (1)   Violation of wastewater discharge permit conditions;

      (2)   Failure to accurately report the wastewater constituents and characteristics of its discharge;

      (3)   Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

      (4)   Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

      (5)   Violation of the pretreatment standards in § 2 of this appendix.

   (B)   Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 10.3 of this appendix why the proposed action should not be taken. Exercise of this option by the Utilities Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)

JUDICIAL ENFORCEMENT REMEDIES

§ 11.1 INJUNCTIVE RELIEF.

   When the Utilities Manager finds that a user has violated, or continues to violate, any provision of this appendix, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Utilities Manager may petition the Jefferson County Circuit Court through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this appendix on activities of the user. The Utilities Manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)

§ 11.2 CIVIL PENALTIES.

   (A)   A user who has violated, or continues to violate, any provision of this appendix, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $2,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

   (B)   The Utilities Manager 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. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)

§ 11.3 CRIMINAL PENALTIES.

   (A)   A user who willfully or negligently violates any provision of this appendix, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $500 per violation, per day.

   (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 misdemeanor and be subject to a penalty of at least $500. 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 this appendix, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this appendix shall, upon conviction, be punished by a fine of not more than $500 per violation, per day.

   (D)   In the event of a second conviction, a user shall be punished by a fine of not more than $2,500 per violation, per day.

(Ord. 2012-19, passed 9-18-12)

§ 11.4 REMEDIES NONEXCLUSIVE.

   The remedies provided for in this appendix are not exclusive. The Utilities Manager 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 Utilities Manager may take other action against any user when the circumstances warrant. Further, the Utilities Manager is empowered to take more than one enforcement action against any noncompliant user.

(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)

AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS