(A) General. Any person, or permit holder, who is found to be violating any provision of this chapter, or any provision of a permit issued by the city under § 52.11 herein, shall be served by the city with written notice stating the nature of the violation. The offender shall pay a non-compliance surcharge, as set forth in § 52.12. Violations include:
(1) Loadings discharged from any facility in excess of the user permit, such as metals, pH, BOD, TSS, FOG, and/or phosphorus, as the terms are defined herein;
(2) Failure to send in monthly reports and flows;
(3) Lack of operational monitoring equipment, and/or failure to complete required repairs and notify the city;
(4) Failure to immediately notify the city of anticipated violations due to a sudden change of circumstances within the plan, or in any event, within three hours of the discovery of the violation;
(5) In the event of a bypass, the city shall be notified as soon as possible, and in advance if possible; and
(6) Slug loads.
(B) Prima facie evidence. Violations of divisions (A)(1), (A)(3), and (A)(4) above will require a sample as prima facie evidence of an alleged violation before the city may consider any occurrence as a violation of this chapter.
(C) First, second, and third time offenders within a 12-month period. Any person, or permit holder, found to be in violation of this chapter, and who has not violated this chapter, or another city code provision in conformity with it, more than three times within the 12 months prior to the violation/non-compliance, shall be assessed $100 per occurrence per 24-hour period for violations of divisions (A)(1) through (A)(5) above, and shall be assessed $300, plus expenses, per occurrence per 24-hour period for a violation of division (A)(6) above.
(D) Fourth, fifth, and sixth offenses within a 12-month period. Any person, or permit holder, found to be in violation of this chapter, and who has not violated this chapter more than three times, but less than seven times, within the 12 months prior to the violation/non-compliance shall be assessed $200 per occurrence per 24-hour period for violations of divisions (A)(1) through (A)(4) above, and shall be assessed $600, plus expenses, per occurrence per 24-hour period for a violation of division (A)(5) above.
(E) Seventh, and subsequent, violations within a 12-month period. Any person, or permit holder, found to be in violation of this chapter, and who has not violated this chapter or another city code provision in conformity with it more than six times within the 12 months prior to the violation/non-compliance, shall be assessed $1,000 per occurrence per 24-hour period.
(F) Expenses. Expenses, as set forth in this section, shall include:
(1) Expenses for scheduled/planned maintenance billed to each industry member/permit holder at the actual costs to the city for the maintenance;
(2) Expenses for repair, and replacement, of city property damaged due to the violation; and
(3) Expenses for costs incurred for labor as reasonably incurred as a cost of cleaning up, or correcting, the violation. Expenses are not to exceed the rates set forth on the city’s current rate schedule for labor, or other actual costs associated with the violation.
(G) Enhancements. The enhancement provisions of divisions (C), (D), and (E) above, are in effect for all violations committed after 12:01 a.m., February 15, 2003.
(Prior Code, § 3.40)