(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person violating § 52.003 of this code shall be held financially responsible for any damages done, in addition to any other town or state remedies under criminal stature.
(C) (1) Any discharger who is found to have violated an order of the Authority or who has failed to comply with any provision of this chapter, and the regulations or rules of the Authority, or orders of any court of competent jurisdiction may be subjected to imposition of a civil penalty (fine) of at least $1,000 per day per violation, in accordance with 40 C.F.R. § 403.8(f)(1)(vi)(A) as a violation of this chapter, but no more than $2,500 per day, per violation, for a first violation nor more than $7,500 per day, per violation, for subsequent violations, in accordance with I.C. 36-1-3-8(a)(10)(B).
(2) (a) Any discharger violating any of the provisions of this chapter, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the Authority’s wastewater disposal system shall be liable to the Authority for any expense, loss or damage caused by such violation or discharge. The Authority shall bill the discharger for the costs incurred by the Authority for any cleaning, repair or replacement work caused by the violation of the discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under these penalty provisions.
(b) The discharger violating any of the provisions of this chapter shall also be responsible for reimbursement for any fines or penalties incurred by the town through the state or the EPA that are a direct result of the violation of the discharger.
(3) 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 who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by the imposition of a civil penalty of not more than $2,500.
(D) In the event any owner or other user of the town sewage treatment works shall permit the dumping of waste and/or sewage into the town’s sewage works, which are harmful to the operation of the system, then the owner or user shall be required to pay for the damages plus a penalty of not less than $100 per day nor greater than $1,000 per day for each day in which such dumping occurs. Such damages shall be not less than the actual costs to the town of locating the source of dumping and repairing any damage to the sewage treatment works caused by such dumping, including attorneys’ fees, sampling and laboratory costs, engineering fees and all other costs associated with enforcement and compliance of the town’s standards set out in this chapter and any successor ordinance.
(Ord. 17-1989, passed 12-5-1989; Ord. 8, 2009, passed 11-3-2009; Ord. 8, 2010, passed 7-20-2010)