§ 51.997 CIVIL PENALTIES.

   (A)   A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

   (B)   The city may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

   (C)   In determining the amount of civil 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 of the violation, 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)   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. 622, passed 3-4-85; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)

Cross-reference:

   Municipal civil infractions, see Chapter 36

§ 51.998 CRIMINAL PENALTIES, IMPRISONMENT.

   (A)   In addition to any applicable state and federal penalties, any person who:

      (1)   At the time of a violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this chapter, or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the POTW under this chapter;

      (2)   Intentionally makes a false statement, representation or certification in an application for, or form pertaining to a permit, or in a notice, report or record required by this chapter, or in any other correspondence or communication, written or oral, with the POTW regarding matters regulated by this chapter;

      (3)   Intentionally falsifies, tampers with, or renders inaccurate any sampling or monitoring device or record required to be maintained by this chapter; or

      (4)   Commits any other act that is punishable under state law by imprisonment for more than 90 days;

   (B)   Shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500 per violation, per day, or imprisonment for up to 90 days, or both in the discretion of the court.

(Ord. 1074, passed 9-27-21)

§ 51.999 SUPPLEMENTAL ENFORCEMENT ACTION.

   (A)   Performance bonds. The Plant Superintendent may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the Plant Superintendent to be necessary to achieve consistent compliance.

   (B)   Water supply severance. Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

   (C)   Public nuisances. A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the Plant Superintendent. Any person(s) creating a public nuisance shall be subject to the provisions of applicable city or township ordinance or state law governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.

(Ord. 1074, passed 9-27-21)

APPENDIX: TABLE OF UNIT FACTORS

Meter Size Inches	Maximum Range Gallons Per Minute	Dwelling Unit Equivalents
5/8	20	1
3/4	50	2.5
1-1/2	100	5
2	160	8
3	320	16
4	500	25
6	1,000	50
8	1,600	80

(Ord. 622, passed 3-4-85; Am. Ord. 866, passed 11-26-01; Am. Ord. 1074, passed 9-27-21)