(A) (1) Any person found to be violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit not to exceed 30 days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice permanently cease all violations. For good cause shown, the city may extend the period of time for making connections.
(2) Within ten days of the receipt of the written notice from the city, the offender shall submit a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific require actions, shall be submitted to the city or its designee. Submission of this plan in no way relieves the offender/user of potential liability for any violation occurring before or after the written notice from the city.
(B) Revocation of permit. In addition to any other provisions contained in this chapter, any user who violates the requirements of this chapter and the following conditions, or applicable state or federal regulations, is subject to having his or her permit revoked in accordance with procedures of this chapter.
(1) Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of any permit.
(C) Civil penalties.
(1) Any user who has violated or continues to violated this chapter or any order or permit issued hereunder, may be liable to the city for a civil penalty of not more than $750 per day plus actual damages incurred by the city per violation per day for as long as the violations 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 city may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The city may petition the court to impose, assess and recover such sums. In determining the 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.
(D) Fine/imprisonment. Any person, firm, or corporation who violates any provision of this chapter shall be fined not less than $500 plus court costs nor more than $750 plus court costs or shall be subject to imprisonment for a term not to exceed six months. Each day that a violation continues or exists shall be deemed a separate violation.
(1977 Code, § 9-7-6) (Ord. 88-57, passed 12-27-1988; Am. Ord. 2008-09, passed 4-29-2008)