(A) When the Board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement, a fine may be assessed in accordance with Board policy. The amount of the fine may be determined on an individual basis at the Board's discretion and in an amount not to exceed the maximum fine allowed under state law. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. Administrative fines are punitive in nature and are assessed to recapture the full or partial economic benefit of noncompliance and to deter future violations.
(B) Unpaid charges, fines, and penalties shall be assessed in accordance with current Board policy. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.
(C) Users desiring to dispute such fines must file a written request for the Board to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Board may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Board may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 9-2016, passed 6-7-2016)