§ 50.991 CIVIL PENALTIES.

   (A)   A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the town as defined in § 50.999. 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 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 town.

   (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.

(Ord. 2013-3-1, passed 3-28-13)

§ 50.992 CRIMINAL PROSECUTION.

   (A)   A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be tried as allowed under Indiana law.

   (B)   A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall be tried as allowed under Indiana law. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state 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 this chapter, individual 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 be tried as allowed under Indiana law.

(Ord. 2013-3-1, passed 3-28-13)

§ 50.993 REMEDIES NONEXCLUSIVE.

   The remedies provided for in this chapter 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 town’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.

(Ord. 2013-3-1, passed 3-28-13)

§ 50.999 PENALTY.

   (A)   Any person who shall continue any violation beyond the time limit provided for in § 50.008 shall, upon conviction thereof, be fined in an amount not less than $1,000 per day, per violation, in accordance with 40 CFR 403.8(f)(l)(vi)(A) but not more than $2,500 per day, per violation for a first violation nor more than $7,500 per day, per violation for subsequent violations, in accordance with IC 36-l-3-8(a)(10)(B). Each day in which any such violation shall continue shall be deemed a separate offense.

   (B)   Any person violating any of the provisions of §§ 50.005 through 50.008, 50.020 through 50.028 and 50.040 through 50.059 shall become liable to the town for any expense, loss or damage occasioned the town by reason of the violation.

(‘85 Code, §§ 4-5-35, 4-5-36)

   (C)   A person who violates § 50.009 commits an ordinance violation. A judgment of up to $2,500 may be entered against a person who commits a violation under § 50.009. Each day of violation constitutes a distinct and separate violation.

(Ord. 1983-8, passed 11-8-83; Am. Ord. 1985-C17, passed 9-16-85; Am. Ord. 2000-1-2, passed 1-11-00; Am. Ord. 2013-3-1, passed 3-28-13)

APPENDIX: SANITARY SEWER DIAGRAMS

   A.1   Standard sanitary sewer manhole

   A.2   Precast concrete adjusting ring detail

   A.3   Standard sanitary sewer outside drop manhole detail

   A.4   Standard sanitary sewer inside drop manhole detail

   A.5   Service lateral connection detail

   A.6   Sanitary lateral for deep sewers

   A.7   Sanitary lateral for shallow sewers

   A.8   Type 1 cleanout detail

   A.9   Pavement repair details

   A.10   Casing pipe detail

   A.11   Casing spacer detail

   A.12   Minimum crossover and separation requirements for sewer and water mains

A.1 STANDARD SANITARY SEWER MANHOLE.

(Am. Ord. 2013-3-1, passed 3-28-13)

A.2 PRECAST CONCRETE ADJUSTING RING DETAIL.

(Am. Ord. 2013-3-1, passed 3-28-13)