(A) Civil penalties.
(1) A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a fine, 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) 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.
(3) 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.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(1987 Code, § 9-42)
(B) Remedies not exclusive. The remedies provided for in this section are not exclusive. The Superintendent may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the Superintendent may take other action against any user when the circumstances warrant. Further, the Superintendent is empowered to take more than one enforcement action against any noncompliant user.
(1987 Code, § 9-42.1)
(C) Recovery of costs incurred by the Authority. Any discharger violating any of the provisions of this chapter or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the Authority’s wastewater disposal system, shall be liable to the Authority for any expense, loss, or damage caused by that violation or discharge. The Authority shall bill the discharger for the costs incurred by the Authority for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under provisions of this section and § 50.165 of this code.
(1987 Code, § 9-43)
(D) Criminal prosecution.
(1) A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine, per violation, per day.
(2) 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 Class D felony and be subject to a penalty per day per violation. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) 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 this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a Class B misdemeanor and be punished by a fine per violation, per day.
(1987 Code, § 9-45)
(Ord. passed 6-26-2000) Penalty, see § 10.99