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(A) A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement shall be referred to the State of Indiana or the EPA for legal action and, upon conviction, be guilty of a misdemeanor, punishable by the maximum fine or imprisonment, or both, as allowed by EPA or the State of Indiana.
(B) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall be referred to the State of Indiana or EPA for legal action and, upon conviction, be subject to the maximum penalty or be subject to the maximum imprisonment, or both, as allowed by the State of Indiana or EPA. 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 chapter, wastewater discharge permit, other control document, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall be referred to the State of Indiana or the EPA for legal action and, upon conviction, be punished by the maximum fine or imprisonment, or both, as allowed by EPA or the State of Indiana.
(D) In the event of a second conviction, a user shall be punished by the maximum fine or imprisonment, or both, as allowed by EPA or the State of Indiana.
(Ord. 9-2016, passed 6-7-2016)
The remedies provided for in this chapter are not exclusive. The Board 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 Board's enforcement response plan. However, the Board may take other action against any user when the circumstances warrant. Further, the Board is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 9-2016, passed 6-7-2016)
SUPPLEMENTAL ENFORCEMENT ACTION
The Board may decline to issue or reissue a wastewater discharge permit or other control document to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous wastewater discharge permit, other control document, or order issued hereunder.
(Ord. 9-2016, passed 6-7-2016)
Whenever a user has violated or continues to violate any provision of this chapter, an individual wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.
(Ord. 9-2016, passed 6-7-2016)
A violation of any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Board. Any person(s) creating a public nuisance shall be subject to the provisions of the City Code governing such nuisances, including reimbursing the Board for any costs incurred in removing, abating, or remedying said nuisance.
(Ord. 9-2016, passed 6-7-2016)
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