(A) When the Superintendent or the Council finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or the Council may impose a fine of at least $1,000 per day, per violation, in accordance with 40 CFR 403.8(f)(l)(vi)(A), but no more than $2,500 per day, per violation for a first violation nor more than $7,500 per day, per violation for subsequent violations, in accordance with I.C. 36-l-3-8(a)(10)(B). Fines and regulations relating to illicit discharges to the storm sewer system are outlined in the Town Drainage Ordinance.
(B) When the Superintendent or the Council finds that a user has falsified any information provided to the Superintendent, the town, IDEM, or the EPA, the Superintendent or the Council may fine such user in an amount not to exceed $2,500 as provided by I.C. 36-1-3-8. Such fines shall be assessed on a per violation, per day basis.
(C) Unpaid charges, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1.8% per month. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.
(D) Users desiring to dispute such fines must file a written request with the Superintendent or the Council, whichever assessed the fine, requesting the reconsideration of the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Council may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Superintendent or the Council may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(E) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, the Superintendent, the Board, or the Council taking any other action against the user.
(Ord. 06-2017, passed 5-22-2017)