(A) Amount exceeding reportable quantity. The person responsible for a hazardous material release in an amount exceeding the reportable quantity may be fined not more than $1,000, if the release is not an authorized release, and if the release involved willful violations, negligence or repeated spills under similar conditions and where a significant quantity of hazardous material is involved taking into account real or potential damage to the environment and threat to the public health. Every incident giving rise to such a release shall constitute a separate offense; however, no person shall be held responsible for more than one violation per day where the violations occur at the same facility and are causally related.
(B) Failure to notify the appropriate Fire Department. The person who fails to notify the appropriate Fire Department as required by § 95.06 may be fined not more than $2,500.
(C) Any provision other than notification. The person who otherwise violates any provision of this chapter other than § 95.06 shall be fined not more than $100. Every incident giving rise to such a violation shall constitute a separate offense; however, no person shall be held responsible for more than one violation per day where the violations occur at the same facility and are causally related.
(D) Civil damages. Any person violating any of the provisions of this chapter shall, subject to the affirmative defenses set forth in § 95.12, become liable civilly to the city and/or county government for any expense, loss or damage caused to the government by reason of the violation, including, but not limited to, any clean-up, evacuation, administrative or other expenses, and legal expenses.
(E) Violation of city wastewater discharge regulations or Health Department regulations. Any person who violates any provision of the city wastewater discharge regulations or the Health Department Regulations requirements, or conditions set forth in permits duly issued, or who discharges wastewater which causes pollution, or violates any cease and desist order, prohibition, discharge limitation, natural standard or performance, pretreatment or toxicity standard, may also be liable civilly to liabilities imposed by the city's Sewer District. The civil liability may be in a sum not to exceed $2,500 for each violation. Each incident giving rise to a violation of these sections shall constitute a separate offense; however, no person shall be held responsible for more than one violation per day where the violations occur at the same facility and are causally related.
(F) Penalties imposed pursuant to legislative authority. Any penalties imposed under this section shall be levied by the administering agency with jurisdiction pursuant to its legislative authority.
(Ord. G-87-193, passed 7-6-1987)