(A) (1) Whoever violates any provision of this chapter for which another penalty is not specifically provided, shall be punished by a fine not less than $1,000 nor more than $2,000 for each offense. A separate offense shall be deemed committed each day in which any violation continues.
(Ord. 2036, passed 9-23-91)
(2) In the event a user is found to be in a state of noncompliance with §§ 50.066 or 50.067 a second or subsequent time, then the user shall be liable for the payment of a sum equal to $1,000, plus an amount equal to the sum of the months since the original noncompliance was corrected (and if never corrected, from the date of such noncompliance determination), multiplied by the monthly surcharge amount provided for in § 50.067(G) or (I) for knowingly, wilfully or intentionally permitting such violation to commence and continue.
(1) Civil/Criminal Penalties.
(a) A user who has violated, or continues to violate, any provision of §§ 50.045 et seq., an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City of Shelbyville for a maximum civil or criminal penalty of $2,500 per violation, per day for the first violation and $7,500 per violation, per day for subsequent violations. 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 authority may recover reasonable attorneys' 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 or criminal penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(2) Recovery of costs incurred by the authority. Any discharger violating any of the provisions of §§ 50.045 et seq., 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 such 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 §§ 50.045 et seq. enforceable under the provisions of § 50.063.
(3) Falsifying information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to §§ 50.045 et seq., or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under §§ 50.045 et seq. shall, upon conviction, be punished by the imposition of a civil penalty of not more than $2,500 per occurrence per day and criminal prosecution as applicable under state law.
(4) Injunctive relief. When the authority finds that a user has violated, or continues to violate, any provision of §§ 50.045 et seq., an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the authority may petition the Circuit or Superior Court of Shelby County through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, the general permit, order, or other requirement imposed by §§ 50.045 et seq. on activities of the user. The authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(5) Remedies nonexclusive. The remedies provided for in §§ 50.045 et seq. are not exclusive. The authority 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 of Shelbyville's enforcement response plan. However, the authority may take other action against any user when the circumstances warrant. Further, the authority is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 1963, passed 7-3-89; Am. Ord. 12-2683, passed 8-20-12)