(A) Penalties are assessed by the city to serve as an economic deterrent against violations to the sewer use regulations. The city has categorized various types of violations and assigned a tiered penalty system. The specific penalty is based on the type of violation (Tier 1 through Tier 7). Civil penalties may be assessed up to the maximum of $25,000 per violation, per day, for as long as the violation continues. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(B) In determining the amount of the civil penalty, the city shall take into account all relevant circumstances, including, but not limited to, the following:
(1) The extent of harm caused by the violation;
(2) The magnitude and duration of the violation;
(3) Any economic benefit gained through the user’s violation;
(4) Corrective actions by the user;
(5) The compliance history of the user;
(6) The cost of enforcement to the city;
(7) Whether the violation was committed willfully or intentionally; and
(8) Any other factor, as justice requires.
(C) In addition to any civil penalties that the city may impose against a user in accordance with § 52.999, the city may assess against and recover from a responsible user any repair, restoration or maintenance cost and any damage incurred by anyone for which the city is liable, if such repair, restoration or maintenance cost or damage arises in any manner from the responsible user’s violation(s). For purposes of this section, repair or maintenance includes, without limitation, the removal of any accumulation of any pollutant from the POTW that the user’s violation(s) has caused or contributed to. Such assessments may be added to the user’s next scheduled sewer service charges, and the city shall have such remedies for collection of such assessments as it has for collection of other charges.
(D) The city reserves the right to assess the maximum penalty for any violation.
(E) Tiered enforcement actions are as follows. In lieu of monetary penalties, other remedies may be approved as determined by the City System Protection:
(1) Tier 1: Phone call or other communication; site visit for discussion; violation noted in the EMP (Evaluation of Monitoring Performance) letter; notice of deficiency (NOD);
(2) Tier 2: Meeting with user representatives; NOD; written report detailing corrective measures provided by the user;
(3) Tier 3: $100 to $500 civil penalty; NOV; significant noncompliance (SNC); public notice; compliance agreement;
(4) Tier 4: $500 to $1,000 civil penalty; NOV; SNC; public notice; compliance agreement or compliance order;
(5) Tier 5: $1,000 to $5,000 civil penalty; NOV; SNC; public notice; compliance agreement or compliance order; administrative order;
(6) Tier 6: $5,000 to $10,000 civil penalty; NOV; SNC; public notice; compliance agreement or compliance order; administrative order; suspension of services; and
(7) Tier 7: $10,000 to $25,000 civil penalty; NOV; SNC; public notice; compliance agreement or compliance order; administrative order; termination of services.
(Ord. passed 2-14-2022)