(A) When the Utility Director finds that a user has violated, or continues to violate, any provision of this chapter, an IDEM discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Utility Director may fine such user in an amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis. 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 60 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% 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 Utility Director to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Utility Director may convene a hearing 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 Utility Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. When assessing an administrative fine the following factors are considered:
(1) Type and severity of the violation;
(2) Number of violations cited;
(3) Duration of noncompliance;
(4) Impact of the violation on the receiving water, sludge quality, and POTW operation;
(5) Whether the violation threatened public health;
(6) The economic benefit or savings the industrial user gained from the noncompliance;
(7) Compliance history of the industrial user; and
(8) Whether the industrial user is making a good faith effort to comply.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 10-04-12, passed 4-10-12)