(A) Penalties for violations.
(1) Criminal. A conviction for violation of this section shall constitute a Class C misdemeanor. A person convicted of a violation of this section shall be fined a minimum amount of not less than $200 per violation and a maximum amount of not more than $2,000 per violation. Each violation of a particular section of this section shall constitute a separate offense, and each day an offense continues shall be considered a new violation for purposes of enforcing this section. A culpable mental state is not required to prove an offense under this section.
(2) Civil. A civil penalty in an amount not to exceed $5,000 per violation of this section may be imposed. Each violation of a particular section of this section shall constitute a separate offense, and each day such offense continues shall be considered a new violation for purposes of enforcing this section, and calculating the amount of civil penalties.
(B) 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 section or pursuant to any condition or provision of an industrial wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inoperable monitoring, sampling or surveillance devices or improperly impedes an inspection procedure required or authorized under this section and/or any industrial wastewater discharge permit shall upon conviction, be punished by a criminal fine of not less than $200 or more than $2,000 or a civil penalty not to exceed $5,000 per violation per day. A person found guilty of damaging equipment used or necessary for monitoring compliance with an industrial wastewater discharge permit and/or this section, shall also be liable for the cost associated with replacing or repairing such equipment. Reports and other documents required to be submitted or maintained in accordance with 40 CFR 403.12 shall further be subject to Provisions Governing Fraud and False Statements as provided for at 40 CFR 403.12(n).
(C) Damage, theft and vandalism. A person found responsible of damaging, stealing, or vandalizing control authority equipment, used or necessary for monitoring compliance with an industrial wastewater discharge permit and/or this section, shall also be liable for the cost associated with replacement or repair of such equipment.
(D) Remedies nonexclusive. The remedies provided for in this section are not exclusive. The control authority may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the control authority enforcement response plan. However, the control authority may take other action against any user when the circumstances warrant. Further, the control authority is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 12-1062, passed 9-20-2012; Ord. 20-1250, passed 8-6-2020; Ord. 23-1317, passed 7-13-2023)