(A) General penalty. Any person who shall violate any provision of this chapter for which no other penalty is provided shall be subject to penalties as provided in § 10.99 of this code.
(B) Civil penalties.
(1) Any user which has violated or continues to violate this chapter, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement, shall be liable to the Superintendent for a maximum civil penalty of $1,000 per violation per day.
(2) Any user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 per violation per day and/or be subject to imprisonment for not more than 1 year. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) Any user that knowingly makes any false statements, representations, or certifications in any application, record, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order, 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 $1,000 per violation per day or imprisonment for not more than 1 year, or both.
(4) In the event of a second conviction, a user shall be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than 1 year, or both.
(1969 Code, § 27-262)
(C) Criminal prosecution.
(1) Any user that willfully or negligently violates any provision of this chapter, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation or imprisonment of not more than 1 year.
(2) Any user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 per violation or imprisonment of not more than 1 year. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) Any user that 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, wastewater discharge permit, or order, 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 $1,000 per violation or imprisonment of not more than 1 year.
(4) In the event of a second conviction, a user shall be punished by a fine of not more than $1,000 per violation or imprisonment for not more than 1 year.
(1969 Code, § 27-263)
(Ord. 1999-45, passed 11-29-1999)
Cross-reference:
Administrative fines, see § 53.119