916.99 PENALTY.
   (a)   Civil Penalties.
      (1)   A person who violates Section 916.02(b), is subject to a Class A civil penalty as described in Section 1324.02 of these Codified Ordinances.
      (2)   A person who fails to submit a timely and adequate report as required in Section 916.03 (b), (c), (d), (e) or (f) or fails to comply with the conditions of the Local Permit authorized in Section 916.05(b) is subject to a Class C civil penalty as described in Section 1324.04 of these Codified Ordinances.
   (b)    Civil Fines. A person violating any provision of this Chapter 916 other than those listed in Section 916.99(a) may be assessed a civil fine not to exceed $1,000 for each violation. Each day that the violation continues shall constitute a separate violation. The Director shall determine the amount of the fine in accordance with the discharger's history of compliance or non-compliance with this Chapter 916, the severity of the violation and the amount of harm threatened or caused by the violation.
   (c)    A person who desires to dispute a civil penalty or fine must file a request with the Director to reconsider the fine within ten (10) days of being notified of the fine. The Director shall convene a hearing on the matter within thirty (30) days of receiving the request for reconsideration. The Director's determination shall be final, and appealable to the Court of Common Pleas in accordance with Chapter 2506 of the Ohio Revised Code.
   (d)   Criminal Penalties.
      (1)   Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance is guilty of a misdemeanor of the second degree.
      (2)   Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, who has been convicted of a violation of Section 916.99(a) within the previous five (5) years is guilty of a misdemeanor of the first degree.
   (e)    Restitution.
      (1)   Any person who violates any provisions of this chapter and thereby causes any expense, loss or damage to the City or its property is liable to the City for any expense, loss or damage occasioned by the violation including those costs assessed by the Ohio Environmental Protection Agency and/or The U.S. Environmental Protection Agency. The Law Director is authorized to collect such expense, loss or damage through civil action.
   (f)    Publication.
At least annually, the Director shall publish a list of all industrial dischargers which, at any time during the previous twelve months, were in Significant Non-Compliance. For the purpose of this provision, an industrial discharger is in Significant Non-Compliance if its violations meet one or more of the following criteria:
      (1)   For significant industrial users at any permitted discharge point, any Chronic violations of wastewater discharge limits;
      (2)   For significant industrial users at any permitted discharge point, any Technical Review Criteria (TRC) violations;
      (3)   For all industrial dischargers, any other violation of pretreatment effluent limit (daily maximum or longer term average) that the Director determines has caused, alone or in combination with other dischargers, interferences or pass through (including endangering the health of POTW personnel or general public);
      (4)   For all industrial discharger, any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge;
      (5)   For all industrial dischargers, any failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
      (6)   For all industrial dischargers, any failure to provide, within forty five (45) after the due date, required reports such as Baseline Monitoring Reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
      (7)   For all industrial dischargers, any failure to accurately report noncompliance;
      (8)   For all industrial dischargers, any other violation or group of violations which the Director determines will or has adversely affected the operation or implementation of the City's pretreatment program.
   (g)    Injunctive Relief. In addition to pursuing the remedies and penalties set forth above, the Law Director may seek injunctive or other remedies when a Discharger has violated or continues to violate the provisions of this ordinance, a condition of the Discharger's permit or an order issued this Chapter.
   (h)   If any provision, paragraph, word, or section of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words and sections shall continue in full force and effect.