(A) Failure to comply with the provisions of this chapter shall constitute a violation of a general ordinance of the city with such minimum penalty as may be the discontinuation of service to said facility and/or a fine to be determined by a court of competent jurisdiction in an amount not to exceed the general penalty of § 10.99, in addition to the city's costs and fees and court costs incurred in securing compliance, which may include any expense, loss or damage occasioned by reason of such violation.
(Ord. 87-4536, passed 4-7-1987; Am. Ord. 2009-5281, passed 9-15-09)
(1) Civil penalties.
(a) Any user which has violated or continues to violate §§ 50.115 through 50.131, any order or wastewater discharge permit thereunder, or any other pretreatment standard or requirement shall be liable to the Chief Operator for a maximum civil penalty of $1,000 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 Chief Operator may recover reasonable attorney's 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, 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 prerequisite for taking any other action against a user.
(2) Prosecution.
(a) Any user that willfully or negligently violates any provision of §§ 50.115 through 50.131, any orders or wastewater discharge permits issued thereunder, or any pretreatment requirement shall upon conviction be guilty of a petty offense, punishable by a fine of not more than $1,000 per violation per day.
(b) Any user that 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 fine from $500 to $1,000 per violation per day. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c) Any user that 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 §§ 50.115 through 50.131, wastewater discharge permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under those sections shall, upon conviction, be punished by a fine of not more than $1,000 per violation per day.
(3) Cease and desist orders. When the Chief Operator finds that a user is violating this subchapter, the user's wastewater discharge permit, any order issued hereunder or any other pretreatment standard or requirement, or that the users past violations are likely to recur, the Chief Operator may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements;
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge;
(c) Issuance of a cease and desist order shall not be aprerequisite to taking any other action against the user.
(4) Emergency suspensions. The Chief Operator may immediately suspend a user discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Chief Operator may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Chief Operator shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Chief Operator shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed.
(b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Chief Operator.
(c) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 99-4993, passed 7-20-1999; Am. Ord. 2003-5165, passed 8-5-2003)