(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Any person, firm, or corporation violating any of the provisions § 53.01(B) relating to sewers and sewer connections, or failing, or refusing to comply with the same, whether or not he, she, or it shall be the owner or the occupant of the premises involved, shall be fined not less than $5, nor more than $25 for each offense. Each day such person, firm, or corporation fails or refuses to connect the sanitary sewer drain from any property or building owned or occupied by him, her, or it with the municipal sewer system, and each day any such privy, well, pool, cistern, septic tank, or sink into which such sewage is cast or permitted to be disposed of is kept or maintained in violation of § 53.01(B), and each day any stormwater drain remains connected to any separate sanitary, sewer shall constitute a separate offense.
(C) Any facility that fails to comply with § 53.30, shall be granted a period of 15 days to correct any deficiency and comply. After the 15-day period, any facility still not in compliance with the provisions of § 53.30 shall incur a civil penalty of $500 per day with each day to constitute a separate penalty.
(D) Pursuant to § 53.36, any person or persons, firm, or corporation owning property within the city and who maintains or permits their premises a privy or toilet without sewer connections other than those provided and required in § 53.36(A) and who fails within a reasonable time, not exceeding 60 days after notice served on such person by the Chief of Police when ordered by the Council so to do, to erect and maintain a privy or toilet as above required, shall be fined a sum not less than $1, nor more than $5 for each day of such failure or refusal.
(E) (1) (a) A user who has violated or continues to violate any provision of §§ 53.50 through 53.66, an individual wastewater discharge permit, or order issued under §§ 53.50 through 53.66, or any other pretreatment standard or requirements, shall be liable to the city for a maximum civil penalty of $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.
(b) The Superintendent 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.
(c) 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.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(2) (a) A user who willfully or negligently violates any provision of §§ 53.50 through 53.66, an individual wastewater discharge permit, or order issued under §§ 53.50 through 53.66, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $250 per violation, per day, or imprisonment for not more than 89 days, or both.
(b) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $250, or be subject to imprisonment for not more than 89 days or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under commonwealth law.
(c) A user 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 §§ 53.50 through 53.66, individual wastewater discharge permit, or order issued under §§ 53.50 through 53.66, or who falsifies, tempers with, or knowingly renders inaccurate any monitoring device or method required under §§ 53.50 through 53.66, shall, upon conviction, be punished by a fine of not more than $250 per violation, per day, or imprisonment for not more than 89 days or both.
(d) In the event of a second conviction, a user shall be punished by a fine of not more than $250 per violation, per day, or imprisonment for not more than 89 days, or both.
(Ord. 80, passed 3-2-1933; Ord. 469, passed 11-17-1969; Ord. 755-09, passed 6-15-2009; Ord. 775-11, passed 7-11-2011)