A. Initiation of Legal Action. Whenever the director finds that a user has violated any of the provisions of this chapter, the director may ask the county attorney to take appropriate legal action. This legal action may include, among other things, the following:
1. Prohibitive injunctions;
2. Mandatory injunctions for corrective action and cleanup;
3. Civil penalties in accordance with this chapter and A.R.S § 49-391;
4. Criminal penalties pursuant to A.R.S. § 11-251.5;
5. Recovery of civil damages, penalties, and costs to the POTW;
6. Recovery of expenses experienced by the POTW in responding to or repairing damages for which the user liability is incurred under Section 13.36.210.
B. Civil and Criminal Penalties for Violation.
1. The civil penalties for violation of any article of this chapter, any part of a permit written and issued in compliance with this chapter, or any requirement of a notification of violation written and issued in compliance with this chapter, shall not exceed twenty-five thousand dollars for each violation. For continuing violations, each day may constitute a separate offense.
2. The civil penalties for non-submittal of reports, noncompliance with the reporting or application requirements required in this chapter or permit, or failure to complete an increment of progress of a compliance schedule, shall not exceed one thousand dollars for each day in which the requirements are not fulfilled.
3. Any person who attempts to deceive a government agency by submitting documents to the agency or by making statements to a representative of the agency which they know to be false, or by destroying or concealing or refusing to deliver papers or records required by the agency to be kept for its information, is subject to prosecution for tampering with a public record, or fraudulent schemes and practices. Tampering with a public record is a Class 6 Felony (A.R.S. § 13-2407), and carries a maximum penalty of one and one-half years imprisonment and/or a $150,000.00 fine. Fraudulent schemes and practices is a Class 5 Felony (A.R.S. § 13-2311), and carries a maximum penalty of two years imprisonment and/or a one hundred fifty thousand dollar fine.
(Ord. 2013-32 (part), 2013)