(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Revocation of permit. In addition to any other provision contained herein, any user who violates the following conditions of §§ 34.20 through 34.31, or applicable state or federal regulations, is subject to having this permit revoked in accordance with the procedures of §§ 34.20 through 34.31:
(a) Failure of the 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 any permit.
(2) Penalties.
(a) Civil penalties.
1. Any person who violates any provision of §§ 34.20 through 34.31 or any permit condition or who violates any cease and desist order, prohibition, effluent limitation or pretreatment or toxicity standard, may be liable for a court ordered civil penalty not to exceed $1,000 per violation. Each day in which a violation occurs shall constitute a separate offense. In addition to the fine imposed pursuant to this division (B), the JSA may recover its attorney fees, related court costs and other expenses associated with the enforcement action.
2. Any such penalty imposed shall not be construed as liquidated damages and shall accrue in addition to any liability for any consequential damages resulting from the violation for which the penalty is imposed.
(b) Judicial enforcement remedies. The judicial process maybe implemented to secure court ordered action to correct violations and to secure penalties for violators. Judicial administrative remedies may be sought: when notices of violation or administrative orders have proven ineffective in returning the violating user to compliance; when emergency situations require injunctive relief to halt or prevent discharges which threaten human health or the environment or interfere with the treatment system; or to impose civil penalties and recover losses incurred due to noncompliance. The Executive Director shall have the discretion to pursue any and all judicial remedies.
1. Injunctive relief. The JSA, through counsel, may petition for a court order of injunction to restrain or compel the activity of a noncompliant user. Injunctive relief can be used where an administrative order does not achieve compliance, or where immediate action is required to prevent a danger to human health, the treatment works or the environment Injunctions can be temporary in nature, permanent or both.
2. Cost recovery. The judicial process can be used by the JSA to recover the cost associated with noncompliant acts of a user. These costs may be due to actual physical damage to the treatment works or collection system, personal injury to JSA personnel, damage to the environment or other related costs such as increased testing/monitoring.
3. Termination of wastewater treatment service. The Executive Director may, upon written findings, revoke any wastewater discharge permit or terminate or cause to be terminated wastewater treatment system service to any premises if a violation of any provision of §§ 34.20 through 34.31 is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this subchapter. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment
(3) Criminal prosecution.
(a) Falsifying information or data. 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 §§ 34.20 through 34.31 or wastewater treatment discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under §§ 34.20 through 34.31, shall be guilty of a Class A misdemeanor, upon conviction, punishable by a fine not to exceed $500, or by imprisonment for a period not to exceed 12 months, or by both. Each day a violation continues shall constitute a separate offense.
(b) Violations. Any person who willfully or negligently violates any provision of §§ 34.20 through 34.31 or any orders or permits issued hereunder shall be guilty of a Class A misdemeanor, punishable by a fine not to exceed $500 per violation per day, or by imprisonment for a period not to exceed 12 months or by both. Each day a violation continues shall constitute a separate offense.
(Ord. 2012-6, passed 1-28-2013)