(a) Whoever violates or fails to comply with Section 1043.11 is guilty of a misdemeanor of the second degree and shall be fined not more than seven hundred and fifty dollars ($750.00) or imprisoned not more than ninety days, or both, for each offense. If such violation creates a risk of physical harm to a person, the violator is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense.
(1) A separate offense shall be deemed committed each day during or on which the violation or noncompliance occurs or continues.
(2) In addition, the violator is liable to the City for any expense, loss or damage occasioned by reason of such violation or noncompliance.
(3) Prior to the application of any of the penalties prescribed in this subsection, a person found in violation or noncompliance shall be notified, in writing, by the Director, advising of the violation or noncompliance and the necessary action to be taken.
A. The person shall be granted a period of time, as determined by the Director, in which to effect remedial measures.
B. Thereafter, the person shall be on notice that a further violation or noncompliance shall be immediately subject to the penalties set forth in this subsection.
(b) Any discharge in violation of the substantive provisions of this chapter or an order of the City Council shall be considered a public nuisance. If any person discharges sewage, industrial wastes, or other wastes into the Authority's treatment system contrary to the substantive provisions of this chapter or any order of the City Council, the City Prosecutor shall commence an action for appropriate legal and/or equitable relief in any court of competent jurisdiction.
(c) Any person who is found to have violated an order of the City Council or who willfully or negligently fails to comply with any provision of this chapter, or the orders and rules issued hereunder shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(d) The following civil penalties shall apply to a violation of the following provisions of this chapter for each day of such violation after the time limit specified by the Authority in its notice of violation:
(1) Section 1043.03: $50.00
(2) Section 1043.07(a): $25.00
(3) Section 1043.07(d) and (e): $100.00
(4) Section 1043.07(f) to (h): $1,000.00
(5) Section 1043.13(a): $1,000.00
(6) Section 1043.18(a) and (b): $100.00
(e) In addition to the civil penalties set forth in subsection (d) hereof, the Authority may recover civil damages for any expense, loss or damage, including attorneys' fees, court costs, court reporters' fees and any other expenses of litigation, occasioned by a user's violation of this chapter or orders and rules issued hereunder.
(f) Any person who knowingly makes any false statement, representation or certification in any application, record, 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 by this chapter, shall be fined not more than one hundred dollars ($100.00) for each violation.
(g) Whoever violates any provision of this chapter shall become liable to the Authority for any expense, loss or damage occasioned by the Authority by reason of such violation, including any costs assessed by the Ohio EPA and/or the U.S. EPA as a result of the inability of the wastewater treatment to treat and effectively reduce the pollutant involved.
(Ord. 95-16. Passed 9-18-95; Ord. 2022-18. Passed 5-16-22.)