(A) Civil penalties.
(1) Any industrial user who has significantly violate or continues to violate this chapter or any order or permit issued hereunder, may be liable to the Superintendent for a civil penalty of not more than $5,000 per day plus actual damages incurred by the POTW per violation per day for as long as the violation continues. Each day in which such violation shall continue shall be deemed a separate offense. In addition to the above described penalty and damages, the Superintendent may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The Superintendent may 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 factors as justice requires.
(B) Criminal prosecution - violations, general.
(1) Any industrial user who willfully or negligently violates any provision 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 $5,000 per violation per day or imprisonment for not more than one year or both.
(2) Any industrial user who knowingly and/or negligently makes any false statements, representation, or certification of any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or industrial user 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 $5,000 or by imprisonment for not more than 12 months, or by both.
(3) In the event of a second conviction, the user shall be punishable by a fine not to exceed $10,000 per violation per day or imprisonment for not more than three years or both.
(Ord. 1-1991, passed 6-17-91)