(A) (1) Violations other than violations of pretreatment standards and requirements by industrial users. When the Superintendent finds that a user, other than an industrial user under pretreatment requirements/permit, has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the POTW may fine such user in an amount not to exceed $2,500. Such fines shall be assessed on a per violation, per day basis.
(2) Violations by industrial users of pretreatment standards and requirements. The POTW shall have the authority to seek injunctive relief for noncompliance by industrial users with pretreatment standards and the requirements. Also, the POTW shall impose a fine of at least $1,000 per day, per violation, in accordance with 40 CFR 403.8(f)(1)(vi)(A), 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) upon an industrial user violating pretreatment standards and requirements. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
(B) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 10% per month. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.
(C) Users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within 15 calendar days of being notified of the fine. Where a request has merit, the Superintendent may convene a hearing before the Board on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 02-09, passed 5-28-02; Am. Ord. 11-04, passed 6-13-11)