(a) Civil penalties. Any discharger who is found to have violated any provision of this chapter, their wastewater discharge permit, or any order of the city or court of competent jurisdiction, shall be subject to the imposition of a civil penalty of up to $1,000 per violation. Each day on which a violation occurs or continues shall be deemed a separate and distinct violation. In addition to the penalties provided herein, the city may recover reasonable attorney’s fees, court costs, court reporter’s fees and other expenses of litigation by appropriate suit at law against the discharger.
(b) Criminal penalties. Any person, or persons, which intentionally or willfully violate any provision of this chapter, their wastewater discharge permit, or any order of the city or court of competent jurisdiction, or any person or persons that allow a violation to continue after becoming aware of such violation shall be punishable, upon conviction, by a criminal penalty of up to $1,000 per day per violation and not more than six months in jail.
(c) Recovery of costs incurred by the authority. Any discharger violating any of the provisions of this chapter, the wastewater discharge permit, or who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the city’s POTW shall be liable to the city for any expense, loss or damage caused by such violation or discharge. The city shall bill the discharger for the costs incurred by the city for any cleaning, repair or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter or the wastewater discharge permit enforceable under the provisions of § 949.06.
(d) Falsifying information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or the wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter or the wastewater discharge permit shall be deemed guilty of a first degree misdemeanor and subject to a fine of not more than $1,000 and/or by imprisonment for not more than six months.
(e) Injunctive relief. Whenever an industrial user has violated or continues to violate this chapter, its wastewater discharge permit, or any order of the city or court of competent jurisdiction, the city may petition the court for the issuance of a preliminary or permanent injunction or both, as may be appropriate, to restrain or compel activities on the part of the industrial user.
(Ord. 93-77, passed 7-12-1993; Ord. 2012-63, passed 9-10-2012; Ord. 2015-22, passed 2-23-2015)