(A) Administrative fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter or permits and orders issued hereunder shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user’s next scheduled sewer service charge, and the Supervisor shall have such other collection remedies as he or she has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user’s property. Individual users desiring to dispute such fines must file a request for the City Manager to reconsider the fine within ten days of being notified of the fine. Where the City Manager believes a request has merit, he or she shall convene a hearing on the matter within 15 days of receiving the request from the industrial user.
(B) Civil penalties. Any user who is found to have violated an order of the city or who willfully or negligently failed to comply with any provision of this chapter and the orders, rules, and regulations and permits issued hereunder shall be fined not more than $1,000, plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the penalties provided herein, the city may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder.
(C) Criminal penalties. Any user convicted of the following may be punished by a fine of not more than $500 per violation per day, or imprisonment for not more than 90 days, or both:
(1) Willfully or negligently introduces any substance into the POTW which causes personal injury or property damage. (This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.)
(2) Willfully or negligently violates any provision of an individual wastewater discharge permit, this chapter, an order of the city, or any other pretreatment standard or requirement.
(3) Falsifies, tampers with, or knowingly renders inaccurate any required monitoring device or method.
(4) Knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation required by a permit, this chapter, an order of the city, or any other pretreatment standard or requirement.
(Ord. 677, passed 8-28-2023)