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(A) A user who willfully or negligently violates any provision of this article, an IWD permit or an order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor.
(B) 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 article, an IWD permit, or an order issued hereunder, or that falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be guilty of a misdemeanor.
(`64 Code, Sec. 25-76) (Ord. No. 2494)
The provisions in this article are not exclusive remedies. The city manager may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations is authorized by this article and by state and federal law, and will generally be in accordance with the city’s enforcement response plan, which contains detailed procedures indicating how the city will investigate and respond to instances of industrial user noncompliance, including: (1) how the city will investigate instances of noncompliance; (2) the types of escalating enforcement responses the city will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place; (3) identification by title of the officials responsible for each type of response; and (4) consistency with the city’s primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in 40 CFR 403.8(f)(1) and (f)(2). However, the city manager may take other action against any user when the circumstances warrant. Further, the city manager is empowered to take more than one enforcement action against any noncompliant user.
(`64 Code, Sec. 25-77) (Ord. No. 2494, 2875)
DIVISION 10. SUPPLEMENTAL ENFORCEMENT ACTION
The city manager may decline to issue or reissue an IWD permit to a user who has failed to comply with any provision of this article, a previous IWD permit, or an order issued hereunder, or any other pretreatment standard or requirement, unless the user first files a satisfactory bond, payable to the city, in a sum to be determined by the city manager.
(`64 Code, Sec. 25-78) (Ord. No. 2494)
The city manager may decline to issue or reissue an IWD permit to a user who has failed to comply with any provision of this article, a previous IWD permit, or an order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that the user has obtained financial assurances sufficient to restore or repair damage to the system caused by the user's discharge.
(`64 Code, Sec. 25-79) (Ord. No. 2494)
Whenever a user has violated, or continues to violate, any provision of this article, an IWD permit, or an order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated the user's ability to comply.
(`64 Code, Sec. 25-80) (Ord. No. 2494)
The city manager is authorized to pay up to $500 for information leading to the discovery of noncompliance by a user. In the event that the information provided results in an administrative fine or civil penalty levied against the user, the city manager is authorized to disperse up to ten percent of the collected fine or penalty to the informant. However, a single reward payment may not exceed $10,000.
(`64 Code, Sec. 25-81) (Ord. No. 2494)
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