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§ 35.0129   Criminal Penalties.
   (a)   Any person who willfully violates any provision of this Chapter or any permit condition; who knowingly violates any stop work order, cease and desist order, termination or immediate termination order, prohibition or effluent limitation; who knowingly makes false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter or NPDES permit; or who falsifies, tampers with or knowingly causes inaccuracy in any monitoring device or method required or authorized under this Chapter shall be guilty of an infraction or misdemeanor as hereinafter specified.
   (b)   Each day or portion thereof such violation is in existence shall be a new and separate offense.
   (c)   Any person so convicted shall be:
      (1)   Guilty of an infraction offense and punished by a fine not exceeding $100.00 and not less than $50.00 for a first offense;
      (2)   Guilty of an infraction offense and punished by a fine not exceeding $200.00 and not less than $100.00 for a second offense.
      (3)   Guilty of a misdemeanor for the third and any additional offenses and punished by a fine not exceeding $1,000.00 and not less than $500.00 or six months in jail, or both.
   (d)   Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor.
   (e)   Payment of any fine or service of a jail sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation.
(Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994)