a. When the Superintendent finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may fine such user in an amount not to exceed the maximum fine allowed under applicable Indiana law. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
b. Assessments may be added to the user’s next scheduled sewer service charge and the Superintendent shall have such other collection remedies as may be available for other service charges and fees.
c. Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 18% of the unpaid balance, and interest shall accrue thereafter at a rate of ½% per month. A lien may be recorded against the user’s property shall be sought for unpaid charges, fines, and penalties.
d. Users seeking to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within ten days of being notified of the fine. Where a request has merit, the Superintendent may convene a hearing on the matter within 15 days of receiving the request from the user. In the event that the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
e. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. No. 1862, § 10.6, 2-11-15)