(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 Utilities Commission may petition the Municipal Court through the City's Attorney 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 on activities of the User. The Commission 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) Falsifying Information. 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 or authorized under this chapter, shall, upon conviction be punished by the imposition of a civil penalty of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or by both.
(c) Civil Penalties.
(1) A User who 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 shall be liable to the City for a maximum civil penalty of the maximum allowed under State law but not less than $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.
(2) The Utilities Commission 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.
(3) 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.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User.
(d) Criminal Prosecution.
(1) A User who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) per violation per day or imprisonment for one (1) year, or both.
(2) A User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least one thousand dollars ($1,000) per day, or be subject to imprisonment for not more than one (1) year, or both. 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, individual wastewater discharge permit, or 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 punished by a fine of not more than one thousand dollars ($1,000) per violation, per day, or imprisonment for not more than one (1) year, or both.
(4) In the event of a second conviction, a User shall be punished by a fine of not more than the maximum fine allowable under State law per violation, per day, or imprisonment for not more than one (1) year, or both.
(e) Remedies Nonexclusive. The remedies provided for in this chapter are not exclusive. The Utilities Commission may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Commission may take other action against any User when the circumstances warrant. Further, the Commission is empowered to take more than one enforcement action against any noncompliant User.
(Ord. 2016-21. Passed 11-28-16; Ord. 2019-38. Passed 12-23-19.)