921.18 PENALTIES.

   (a)   Administrative Fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permits and orders issued hereunder, may be fined in an amount not to exceed one thousand dollars ($1,000) per violation. Each day on which noncompliance occurs or continues shall be deemed a separate and distinct violation. Such fines may be added to the user's next scheduled sewer service charge and the Service Director shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Industrial users desiring to dispute such fines must file a request for the Service Director to reconsider the fine within fifteen days of being notified of the fine. Where the Service Director believes a request has merit, he shall convene a hearing on the matter with fifteen days of receiving the request from the industrial user.

   (b)   Civil Penalties.

      (1)   Any industrial user who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the Service Director for a civil penalty of at least one thousand dollars ($1,000) plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the Service Director may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.

      (2)   The Service Director shall petition the Court to impose, assess, and recover such sums. In determining amount of liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation.

   (c)   Criminal Prosecution.

      (1)   Any industrial user who willfully or negligently violates any provisions of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000) per violation per day or imprisonment for not more than one year or both.

      (2)   Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) per violation per day or imprisonment for not more than one year or both.

   (d)   Injuctions. The City is authorized to enforce any provision of this chapter by injunction or any other lawful means available.

   (e)   Recovery of Costs Incurred by the City. Any discharger violating any of the provisions of this chapter, permit or orders, or who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the City's POTW shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The City shall bill the discharger for the costs incurred by the City for any cleaning, repair or replacement work caused by the violation or discharge.

(Ord. 91-110. Passed 10-1-91.)