(A) Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permits or orders issued hereunder, shall be fined in an amount not to exceed $1,000 per violation per day. Each day on which non-compliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user’s next scheduled sewer service charge and the Pretreatment Coordinator shall have such other collection remedies as needed to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the user’s property. Users desiring to dispute such penalties must file a written request for the Mayor of the city to reconsider the penalty within ten business days of being notified of the penalty. Where the Mayor believes an appeal has merit, he or she shall convene a hearing on the matter within 15 days of receiving the appeal from the user. The Mayor’s final decision shall be binding.
(B) (1) Any user who has significantly 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 $5,000 per violation per day, plus actual damages incurred by the POTW per day for as long as the violation continues. Each day in which such violation shall continue shall be deemed a separate offense. In addition to the above described penalty and damages, the city may recover reasonable attorney’s fees, court costs, court reporter’s fees and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The Pretreatment Coordinator may petition the court to impose, assess and recover such sums. In determining amount of 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, 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.
(C) (1) Any user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a Class A misdemeanor, punishable by a fine not to exceed $1,000 per violation per day or imprisonment for not more than 12 months. Each day in which such violation shall continue shall be deemed a separate offense.
(2) In the event of a second conviction, the user shall be guilty of a Class D felony and shall be punished by a fine in an amount not lees than $1,000 and not greater than $10,000, or double his or her gain from city of the offense, whichever is greater or imprisonment not less than one year, nor more than five years, or both. Each day in which such violation shall continue shall be deemed a separate offense.
(3) The Pretreatment Coordinator, or his or her designee, shall have the authority to pursue criminal charges on behalf of the city in any court of competent jurisdiction in the commonwealth.
(D) Any user who knowingly and/or negligently violates § 52.156 of this chapter shall be guilty of a Class A misdemeanor and shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment for not more than 12 months, or by both. Each day in which such violation shall continue shall be deemed as a separate offense.
(E) (1) Any person found to be in violation of any provisions of §§ 52.160 through 52.166 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall within the period of time stated in such notice, permanently cease all violations.
(2) Any person who shall continue any violation beyond the time limit provided for herein shall be guilty of a misdemeanor, and on conviction thereof shall be fined the amount of $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(Ord. 013-137, passed 6-24-2013; Ord. 020-009, passed 8-10-2020)