§ 52.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   (1)   Any violation of any provision of §§ 52.02 through 52.08 shall result in an injunction, restraining order, stop-work order, restitution and/or fine. Restitution shall allow recovery of any costs, public or private, associated with or caused by the violation, including any enforcement action by federal, state or local jurisdictions. The maximum fine shall be $1,000 per each violation. Each event and/or each gallon shall constitute a separate and distinct violation. The remedies provided herein are in addition to any other remedy authorized by the laws of the state. None of the remedies listed above shall be exclusive.

      (2)   Any person violating any of the provisions of §§ 52.02 through 52.08 shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

   (C)   (1)   Any person who violates any provision of §§ 52.25 through 52.46 or any provision of a wastewater discharge permit shall be liable civilly to the city in a sum not to exceed $1,000 for each day in which such violation occurs. Civil penalties for the specific violations listed in the table below shall be assessed for each day in which such violation occurs at the amounts indicated.

 

Category of Violation	Amount of Civil Penalty
Failure to conduct monitoring required by a pretreatment permit	$500
Failure to submit reports required by a pretreatment permit	$250
Violation of federal pretreatment prohibitions, with or without a pretreatment permit	$500
Violation of limits in a pretreatment permit	$250

 

      (2)   Any person who knowingly violates §§ 52.25 through 52.46 or any provision of a wastewater discharge permit, or makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to §§ 52.25 through 52.46 or a wastewater discharge permit, or who knowingly falsifies, tampers with or renders inaccurate any monitoring device or method required under §§ 52.25 through 52.46 or a wastewater discharge permit, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than 100 days, or by both.

      (3)   The remedies provided for in this division (C) shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the city.

(Ord. 1136, passed 2-19-1990; Ord. 1215, passed 11-20-2000; Ord. 1287, passed 3-1-2021)