(a) Administrative Fine. Notwithstanding any other section of this chapter, any person or User who is found to have violated any provision of this chapter, or permits and orders issued hereunder, shall be fined by the Safety-Service Director in an amount not to exceed one thousand dollars ($1,000) per violation. Each day on which noncompliance occurs or continues shall be deemed a separate and distinct violation. Such assessments may be added to the person's or User's next scheduled sewer service charge and the Safety-Service Director shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property. Any person or Industrial User desiring to dispute such fines shall file a request for the Safety-Service Director to reconsider the fine within ten days of being notified of the fine. Where the Safety-Service Director believes a request has merit, he shall convene a hearing on the matter within fifteen days of receiving the request from the person or Industrial User.
(b) Injunctive Relief. Whenever any person or an Industrial User has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Safety-Service Director, through counsel, may petition the Court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the person or Industrial User. The Safety-Service Director shall have such remedies to collect these fees as it has to collect other sewer service charges.
(c) Civil Penalties.
(1) Any Industrial User who has 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 one thousand dollars ($1,000) plus actual damages incurred to the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the City may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The City Law Director shall petition the Court to impose, assess and recover such sums.
(3) In determining the amount of the Administrative Fine or Civil Penalty to be assessed for violations of this Chapter, the following factors may be considered: (a) the economic benefit derived by the violator from the deferral of remedial action; (b) the degree of environmental harm and/or POTW damage caused from the violation; (c) the recalcitrance of the violator; (d) good faith efforts by the violator to take appropriate remedial action; and (e) the duration of the violation.
(d) Criminal Prosecution.
(1) Violations generally. Any industrial user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall be fined not to exceed twenty-five thousand dollars ($25,000) or imprisoned for not more than one year, or both.
(2) Whoever violates any provision of this chapter shall upon conviction be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000.00) and be subject to imprisonment of not more than six months, for each offense. A separate offense shall be deemed to have been committed for each day that such violation continues after a period of thirty days following the original conviction.
(3) Falsifying information. Any industrial user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall be fined not more than twenty-five thousand dollars ($25,000).
(e) In addition to the penalties authorized in this section, the City may recover its cost of investigating and remediating violations of this Chapter plus the cost of pursuing civil or criminal actions related to any violation of this Chapter. All penalties and fines collected under this Chapter shall be credited to the Sewer Fund of the City.
(Ord. 10-16. Passed 4-26-16.)