(a) Civil fines. If an industrial user is found to have violated an order of the Authority or has failed to comply with any provision of this chapter, regulations or rules of the Authority or orders of any court of competent jurisdiction, the Authority may assess a civil penalty not to exceed $5,000 for each violation against the industrial user or may seek said penalty in the appropriate court. If the industrial user violates pretreatment standards and requirements, the penalty shall be at least $1,000 per violation. Each day on which any such violation continues shall constitute a separate offense.
(b) Liability to city for expenses incurred. Any industrial user 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 such violation or discharge. The Authority shall bill the industrial user 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.
(c) Criminal prosecution.
(1) 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, upon conviction, be guilty of a misdemeanor of the first degree, punishable by the maximum fine allowed or imprisonment for not more than 180 days, or both. Any such violation shall be considered a separate violation for each day said condition giving rise to the violation persists after the violator has been initially cited, punishable as a misdemeanor of the first degree for each day the violation persists.
(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 misdemeanor of the first degree and be subject to the maximum fine allowable under the law, or be subject to imprisonment for not more than 180 days or both. 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, industrial 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 misdemeanor of the first degree and be subject to the maximum fine allowable under the law, or be subject to imprisonment for not more than 180 days or both.
(4) In the event of a second conviction, a user shall be punished by the maximum fine allowable under the law per violation, per day, or imprisonment as allowed by the law, or both.
(Ord. 1991-239, passed 12-2-1991; Ord. 2010-89, passed 4-19-2010)