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§ 52.160 LIABILITY.
   Any user violating any of the provisions of this chapter, discharge permit or other order issued hereunder shall become liable to the City of Pikeville for any expense, loss or damage occasioned by the city by reason of such violation. This civil liability is as provided by state and federal regulations.
(Ord. O-2019-01, passed 1-28-19)
§ 52.161 CIVIL PENALTIES.
   (A)   Any user who has significantly violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the city for a civil penalty of not more than five thousand dollars ($5,000) per violation per day plus actual damages incurred by the POTW 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 Pretreatment Coordinator 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.
   (B)   The Pretreatment Coordinator 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 user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(Ord. O-2019-01, passed 1-28-19)
§ 52.162 CRIMINAL PROSECUTION.
   Violations - general.
   (A)   Any 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 Class A misdemeanor, punishable by a fine not to exceed five hundred dollars ($500) per violation per day or imprisonment for not more than twelve (12) months. Each day in which such violation shall continue shall be deemed a separate offense.
   (B)   Any 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 be guilty of a Class A misdemeanor and shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500) or by imprisonment for not more than twelve (12) months, or by both. Each day in which such violation shall continue shall be deemed as a separate offense.
   (C)   In the event of a second conviction, the user shall be guilty of a Class D felony and shall be punished by a fine in an amount not lees than one thousand dollars ($1,000) and not greater than ten thousand dollars ($10,000), or double his or her gain from city of the offense, whichever is greater or imprisonment not less than one (1) year nor more than five (5) years or both. Each day in which such violation shall continue shall be deemed a separate offense.
   (D)   The City Manager or his or her designee shall have the authority to pursue criminal charges on behalf of the City of Pikeville in any court of competent jurisdiction in the Commonwealth of Kentucky.
(Ord. O-2019-01, passed 1-28-19)