(1980 Code, § 24.108)
(1980 Code, § 24.204)
(1980 Code, § 24.311)
(D) Judicial enforcement remedies.
(1) Generally. Except as otherwise provided, any person, firm or corporation who violates any provision of this chapter, shall in addition to other relief as the law may afford, be punishable as set forth in § 10.99 of this code.
(2) Industrial user violations. Any industrial user (as herein defined) who has violated, or continues to violate any of the provisions of §§ 51.130 through 51.139, 51.150 through 51.156, 51.170 through 51.176, 51.190 through 51.196, 51.210 through 51.224, 51.235, 51.236 and 51.250 through 51.256, inclusive, of this code shall be liable of a business offense and upon conviction shall be fined not more than $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(3) Additional provisions.
(a) In addition to the above, and in addition to other relief as the law may afford, upon any conviction as provided above, the person, firm or corporation shall be liable for and the city may recover reasonable attorney’s fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(b) In determining the amount of the fine and above liability, the court may take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, 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.
(c) Filing an action or prosecution under this section shall not be bar against, or a prerequisite for, taking any other action against a user.
(1980 Code, § 24.1502)
(E) Criminal prosecution.
(1) Any person who willfully or negligently violates any of the provisions of §§ 51.130 through 51.139, 51.150 through 51.156, 51.170 through 51.176, 51.190 through 51.196, 51.210 through 51.224, 51.235, 51.236 and 51.250 through 51.256, inclusive, of this code shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than $1,000 per violation, per day or imprisonment for not more than six months or both.
(2) Any person who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of misdemeanor punishable by a fine not more than $1,000 or imprisonment for not more than six months or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than six months or both.
(1980 Code, § 24.1503)