(a) Administrative Fine. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permits and orders issued hereunder, shall be fined by the City Engineer 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 user's next scheduled sewer service charge and the Superintendent 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. Industrial users desiring to dispute such fines shall file a request for the City Engineer to reconsider the fine within ten days of being notified of the fine. Where the City Engineer believes a request has merit, he shall convene a hearing on the matter within fifteen days of receiving the request from the industrial user.
(b) Injunctive Relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Utilities 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 industrial user. The Superintendent 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.
(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) 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).
(1980 Code 50.99)