(A) Any person who violates any provision of this chapter shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof, and the offender shall, within the period of time stated in such notice, permanently cease all violations, provided that with respect to violations of this ordinance the notice shall be by certified mail and may allow up to 90 days for the correction required by that section.
(B) Any person who shall continue any violation beyond the time limit provided for in (A) above shall be guilty of a violation and, upon conviction thereof, shall be fined for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(C) Any person violating any of the provisions of this chapter shall be liable to the City for any expense, loss, or damage occasioned to the City by reason of such violation in addition to the fines described below.
(D) Injunctive relief. When the Utility Director finds that a user has violated, or continues to violate, any provision of this chapter, IDEM discharge permit limits, or order issued hereunder, or any other pretreatment standard or requirement, the Utility Director may petition the appropriate Court through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Utility Director 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.
(E) Fines/Civil Penalties.
(1) A user who has violated, or continues to violate, any provision of this chapter, the City's IDEM discharge permit limits, or order issued hereunder, or any other pretreatment standard or requirement may be fined up to $2,500 per violation. In the event of a second or subsequent violation, the fine maybe increased up to $7,500. For purposes of this Section, each day of the violation may be deemed a separate violation of this chapter.
(2) The Utility Director may in addition to the fines set out above, 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 Utility.
(3) In determining the amount of the fine, the court shall consider 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 fines shall not be a barrier against, or a prerequisite for, taking any other action against a user.
(F) Criminal prosecution. 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, IDEM discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter may be fined not more than $2,500 per violation, per day, and may be fined up to $7,500 per violation for any second or subsequent violation.
(G) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive; The Utility Director 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 Utility's enforcement response plan. However, the Utility Director may take other action against any user when the circumstances warrant. Further, the Utility Director is empowered to take more than one enforcement action against any noncompliant user.
(H) Judicial action. Judicial action will be taken when it is deemed necessary to force the user to correct the violation and comply with the permit. Judicial action may consist of civil prosecution; criminal prosecution; or an action for injunction, at the discretion of the Wastewater Facilities and the City Attorney. As an alternative to judicial action, the Wastewater Facilities and user may agree to a voluntary zero discharge of industrial waste by the user pending correction of the violation.
(Ord. 22-08-20, passed 8-11-20)