(A) Administrative penalties.
(1) Any user who is found to have violated any provision of Article I and permits issued hereunder, shall be fined in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each day on which non-compliance 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 has to collect other service charges.
(2) Destruction of POTW and legal action. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, 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 immediate arrest under charge of disorderly conduct. It shall be noted that the Clean Water Act does not require proof of specific intent to obtain conviction.
(Ord. 91-9, passed 6-11-91; Am. Ord. 94-31, passed 9-27-94)
(B) Civil penalties.
(1) Any industrial user who has violated or continues to violate the provisions of Article I or any order or permit issued hereunder shall be liable to the Superintendent for a civil penalty of not more than ten thousand dollars ($10,000.00) plus actual damages incurred by the POTW per violation, per day, for as long as the violation(s) continues. In addition, the Superintendent may recover reasonable attorney’s fees, court costs, and other expenses for his enforcement activities, including special sampling and monitoring expenses.
(2) The Superintendent shall petition the court to impose, assess, and recover such sums. In determining the amount of liability, the court shall take into account all relevant circumstances including, but not limited to, the extent of harm caused by the violations, the magnitude and duration, any economic benefit gained through the industrial user’s violations, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.
(C) Criminal penalties.
(1) Any industrial user who willfully or negligently violates any provisions of Article I, 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 ($1,000.00) per violation, per day, or imprisonment for not more than one (1) year, or both.
(2) In the event of a second conviction, the user shall be punishable by a fine not to exceed three thousand dollars ($3,000.00) per violation, per day, or imprisonment for not more than three (3) years, or both.
(Ord. 91-9, passed 6-11-91)