(a) Injunctive Relief. When the Director finds that a user has violated or continues to violate any provision of this chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may request the Law Director to petition the Middletown Municipal Court, the Butler County Common Pleas Court, or the U.S. Federal District Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit order, or other requirement imposed by this chapter 1041 on activities of the user. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(b) Civil Penalties. Any user who is found to have violated an order of the City Manager or who willfully or negligently failed to comply with any provision of these regulations, and the orders, rules, regulations, permits or previously administered orders issued hereunder, shall be assessed a monetary penalty of not more than ten thousand dollars ($10,000) per offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated these regulations or the orders, rules, regulations, and permits issued hereunder.
(c) Criminal Prosecution.
(1) A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a gross misdemeanor, punishable by an assessment of not more than ten thousand dollars ($10,000) and/or one year in jail. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(2) A user who willfully or negligently introduces any substance into the POTW that causes personal injury or property damage shall, upon conviction, be guilty of a gross misdemeanor and be subject to a penalty of not more than ten thousand dollars ($10,000) and/or one year in jail. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
(3) A user who 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 this chapter, a wastewater discharge permit, or an order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a gross misdemeanor, and punished by an assessment of not more than ten thousand dollars ($10,000) and/or one year in jail. Each day a violation occurs shall constitute a separate offense.
(Ord. O91-24, passed 4-2-1991; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)