A. Civil Penalties: Any user who violates an order of the city, or who fails to comply with: 1) any provision of this chapter; or 2) any regulation, rule or permit of the city issued pursuant to this chapter, shall be liable to the city for a civil penalty. The amount of such civil penalty shall be not more than one thousand dollars ($1,000.00) per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long-term average limit, penalties shall accrue for each day during the period of the violation.
Such penalties may be recovered by judicial actions commenced by the city as provided in subsection 13.10.230E of this chapter. In addition, the city may commence an action to terminate the user’s wastewater treatment service. Election of one remedy shall not preclude the use of any alternative remedy or combination of remedies.
B. Recovery Of Costs Incurred By City: Any user who violates any of the provisions of this chapter or who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the city’s wastewater disposal system shall be liable to the city for any expense, loss or damage caused by such violation of discharge. The city shall charge the user for the cost incurred by the city for any monitoring, surveillance, cleaning, repair or replacement work caused by the violation of discharge, and for costs incurred by the city in investigating the violation and in enforcing this chapter against the user, including reasonable administrative costs, fees for testing, attorney fees, court costs and all expenses of litigation. Refusal to pay the assessed costs shall constitute a violation of this chapter, enforceable under the provisions of sections 13.10.230 and 13.10.240 of this chapter.
C. Falsifying Information: Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, in addition to civil and/or criminal penalties provided by state law, be guilty of a misdemeanor and shall be prosecuted and punished accordingly.
D. General Criminal Penalties: Any user or person who knowingly violates any provision of this chapter shall be guilty of a misdemeanor and shall be prosecuted and punished in accordance with the misdemeanor criminal statutes of the state which amounts to a fine of $1,000 and/or six (6) months in jail per violation per day. (Ord. 1526 § 8, 2023: Ord. 1056, 1992)