(A) 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 Superintendent for a civil penalty of not more than the maximum allowable under state law, e.g., $5,000 but at least $1,000, state law permitting, plus actual damages incurred by the city per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the Superintendent may recover reasonable attorney’s fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The Superintendent 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, the magnitude and duration, any economic benefit gained through the industrial user’s violation, corrective actions by the industrial user, the compliance history of the user and any other factor as justice requires.
(B) Criminal prosecution.
(1) Violations generally.
(a) Any industrial user who willfully or negligently violates any provision of this chapter or any order or permits issued hereunder shall, upon conviction, be guilty of a Class A misdemeanor punishable by a fine not to exceed $500 per violation per day or imprisonment for not more than one year or both.
(b) In the event of a second conviction, the user shall be punishable by a fine not to exceed $5,000 per violation per day or imprisonment for not more than three years or both.
(2) Falsifying information.
(a) 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 $500 per violation or imprisonment for not more than one year or both.
(b) In the event of a second conviction, the user shall be punishable by a fine not to exceed $5,000 per violation or imprisonment for not more than three years or both.
(3) Destruction of POTW and legal action. No person(s) shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the POTW. Any person(s) violating this provision shall be subject to criminal prosecution. It is noted that the Clean Water Act, being 33 U.S.C. §§ 1251 et seq. (Pub. L. 92-500), does not require proof of specific intent to obtain conviction.
(C) 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, shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user’s next scheduled sewer service charge and the Superintendent shall have such other collection remedies as he or she has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user’s property provided that notice of the same shall be filed in the office of the county’s Court Clerk. Industrial users desiring to dispute such fines must file a request for the Superintendent to reconsider the fine within ten days of being notified of the fine. Where the Superintendent believes a request has merit, he or she shall convene a hearing on the matter within 15 days of receiving the request from the industrial user.
(Ord. 634, passed 3-5-2002)