(A) Written notice.
(1) Any user found to be violating any provision of this chapter or a wastewater permit or order issued hereunder, shall be served by the Superintendent or his or her designee with written notice stating the nature of the violation. The offender shall permanently remedy all violations upon receipt of this notice.
(2) As contained in §§ 52.100 through 52.104, the notice may be of several forms. Also as contained in §§ 52.100 through 52.104, penalties of various forms may be levied against users for violations of this chapter. The penalties, if levied, shall range from publication of violators in the local newspaper to administrative fines of at least $1,000 per day per violation.
(B) Revocation of permit.
(1) Any user violating any of the provisions of this chapter or a wastewater permit order issued hereunder, may be subject to termination of its authority to discharge sewage into the municipal sewer system. Such termination may be immediate if necessary for the protection of the POTW. Said user may also have water service terminated.
(2) Any user who violates the following conditions of this chapter, or applicable state or federal regulations, is subject to having his or her permit revoked in accordance with the procedures of this chapter.
(a) Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(d) Violation of conditions of the permit.
(C) Liability. Any user violating any of the provisions of this chapter, discharge permit or other order issued hereunder shall become liable to the City of Marion, Kentucky for any expense, loss or damage occasioned by the city by reason of such violation. This civil liability is as provided by state and federal regulations.
(D) Misrepresentation and/or falsifying of documents. Any user who knowingly and/or negligently makes any false statements, representations or certification of any application, record, report, plan or other document filed or required pursuant to this chapter or industrial user discharge permit or who falsifies, tampers with or knowingly and/or negligently renders inaccurate any monitoring device or method required under this chapter, shall be punished by a fine of at least $1,000 or by imprisonment for not more than 12 months or by both.
(E) Destruction of POTW and legal action.
(1) No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the POTW. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(2) It shall be noted that the Clean Water Act does not require proof of specific intent to obtain conviction.
(F) Legal action. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the city, the city may commence an action for appropriate legal and/or equitable relief in the appropriate court of this jurisdiction.
(G) Injunctive relief. Whenever a user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Superintendent, through counsel may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user.
(H) Civil penalties.
(1) Any user who has significantly violated or continues to violate this chapter or any order or permit issued hereunder, may be liable to the Superintendent for a civil penalty of not more than $1,000 per day plus actual damages incurred by the POTW per violation per day for as long as the violation continues. Each day in which such violation shall continue shall be deemed a separate offense. In addition to the above described penalty and damages, the Superintendent may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The Superintendent may petition the court to impose, assess and recover such sums. In determining amount of 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, 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.
(I) Criminal prosecution.
(1) Violations - General.
(a) Any user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 per violation per day or imprisonment for not more than one year or both.
(b) In the event of a second conviction, the user shall be punishable by a fine not to exceed $10,000 per violation per day or imprisonment for not more than three years or both.
(Ord. 04-01, passed 1-19-04)