(a) Commencement of Action. The City may commence an action for appropriate legal and/or equitable relief in the appropriate courts with respect to the conduct of a discharger contrary to the provisions of this chapter.
(b) Injunctive Relief. Whenever a person has violated or continues to violate any of the provisions of this chapter or any order of the City or a court of competent jurisdiction, the City may petition the court for the issuance of a preliminary or permanent injunction, or both (as may be appropriate), which restrains or compels the activities on the part of the industrial user.
(c) Civil Penalties. Any discharger who is found to have violated any of the provisions of this chapter, or any order of the City or a court of competent jurisdiction, shall be subject to the imposition of a civil penalty of up to twenty five dollars ($25.00) per violation. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. In addition to the penalties provided herein, the City may recover reasonable attorney’s fees, court costs, court reporter’s fees, and additional operational and management costs directly related to the offense, and other expenses of litigation by appropriate suit at law against the discharger.
(d) Termination of Service. Whoever violates any provision of this chapter and has failed to abate a violation for more than 30 days shall have their sanitary sewer service terminated. The property shall then be referred to the Sidney/Shelby County Health Department. The City may recover costs directly associated with this action.
(e) Criminal Penalties. Whoever violates any of the provisions of this chapter, or any order of the City or a court of competent jurisdiction, or allows a violation to continue after becoming aware of such violation, is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(f) Falsifying Information: Tampering. Whoever knowingly makes any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter or any order of the City or a court of competent jurisdiction, or falsifies, tampers with or knowingly renders inaccurate any monitoring device or method, is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. A-2743. Passed 12-10-12; Ord. A-2789. Passed 6-23-14.)