(A) Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 30.99.
(B) Municipal civil infractions and fines.
(1) Violations and penalties. A person who violates any provision of §§ 51.020 through 51.053, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000 per day, plus costs and other sanctions, for each infraction. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Fines/schedule of fines.
(a) Increased fines may be imposed for repeat offenses. As used in this section,
REPEAT OFFENSE means a second or any subsequent municipal civil infraction violation of the same requirement or provision of this subchapter:
1. Committed by a person within any 90-day period; and
2. For which the person admits responsibility or is determined to be responsible.
(b) The increased fines for repeat offenses under this subchapter shall be in accordance with the following schedule:
1. For a first repeat offense, the fine shall be not less than $2,500, plus costs; and
2. For a second or subsequent repeat offense, the fine shall be not less than $5,000, plus costs.
(4) Authorized city official. The Director is hereby designated as the authorized city official, as defined by Ch. 37 of this code of ordinances, to issue municipal civil infraction citations or municipal civil infraction violation notices as provided by this subchapter and Ch. 37 of this code of ordinances.
(5) Disputing fines. Users desiring to dispute such fines must file a written request for the Director to reconsider 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 Director 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 Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(6) Issuance of a civil fine. Issuance of a civil fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Prior Code, § 51.41)
(C) Civil penalties.
(1) A user who has violated, or continues to violate, any provision of §§ 51.020 through 51.053, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of not less 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.
(2) Any person who discharges waste, causes, or allows a discharge or other activity or inactivity, prohibited by §§ 51.020 through 51.053, or violates the limitations, prohibitions or requirement of a permit issued pursuant hereto; or any categorical pretreatment standard; or any person who knowingly makes a false statement, representation, record, report, plan, or other document filed with the Director; or, who falsifies, tampers with or knowingly renders inaccurate, any monitoring device or method required under §§ 51.020 through 51.053, shall be in violation of §§ 51.020 through 51.053. Any such violation is a misdemeanor subject to the penalties as established by City Council.
(3) The Director may recover reasonable attorney 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.
(4) In determining the amount of civil liability, the court shall 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.
(5) The imposition of any penalty for violation of the provisions of §§ 51.020 through 51.053, or for the violation of the limitations, prohibitions, or requirements of a permit issued pursuant to §§ 51.020 through 51.053 or any categorical pretreatment standard shall not exempt the offender from compliance with all such provisions, limitations, prohibitions, requirements, or standards, or any other applicable state or federal laws or regulations.
(6) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Prior Code, § 51.42)
(Ord. D-1635, passed 9-9-1991, effective 9-9-1991; Ord. D-1927, passed 7-15-2002, effective 8-1-2002)