Skip to code content (skip section selection)
(A) The city may commence an action for appropriate legal and/or equitable relief in the appropriate courts with respect to the conduct of a discharge contrary to the provisions of this chapter.
(B) Any discharger violating any provision of this chapter, their wastewater discharge permit, or any order of the city or court of competent jurisdiction which results in damage or impairment of the POTW or which results in excessive costs of treatment shall be liable to the city for any expense, loss or damage caused by such violating discharge. The city shall bill the discharger for the cost incurred as a result of the discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of this section or other applicable sections of this chapter or of applicable state law.
(C) Whoever violates or fails to comply with any of the provisions of this chapter shall be served by the city with a written notice stating the nature of the violation or noncompliance. A reasonable time limit shall be provided for the satisfactory correction thereof. The violator shall, within the period provided, permanently cease the violation or noncompliance.
(D) The city may commence an action for appropriate legal action or for equitable relief or for both with respect to the conduct of a discharger contrary to the provisions of this chapter:
(1) Injunctive relief. Whenever an industrial user has violated or continues to violate this chapter, its wastewater discharge permit, or any order of the city or 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.
(2) Civil penalties. Any discharger who is found to have violated any provision of this chapter, their wastewater discharge permit, or any order of the city or court of competent jurisdiction shall be subject to the imposition of a civil penalty of up to $1,000 per violation. Each day on which a violation occurs or continues shall be deemed a separate and distinct violation. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the discharger.
(3) Criminal penalties. Any person, or persons which intentionally or willfully violate any provision of this chapter, their wastewater discharge permit, or any order of the city or court of competent jurisdiction or any person or persons that allow a violation to continue after becoming aware of said violation shall be punishable, upon conviction, by a criminal penalty of up to $1,000 per day per violation and not more than 6 months in jail.
(4) Falsifying information. Any person or persons who knowingly make any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, wastewater discharge permits, or any order of the city or court of competent jurisdiction, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method, shall be punishable, upon conviction, by a criminal penalty of up to $1,000 per day per violation and not more than 6 months in jail.
(5) 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 an amount not to exceed $1,000 per violation. Each day on which a violation or noncompliance occurs shall be deemed a separate and distinct offense.
(a) In determining the amount of an administrative fine, the City Manager shall consider the magnitude and severity of the violation, the history of past violations, the economic advantage gained by the violator for causing or allowing the violation to occur, and affirmative actions taken by the violator to comply with the provisions of this chapter.
(b) Such fines may be added to the industrial user's sewer service bill. The city shall have the same collection remedies that are available to collect other service charges.
(c) Any person assessed an administrative fine may appeal the action by filing a written notice of appeal within 10 days of being notified of the fine. The notice of appeal shall include: the name, address and telephone number of the appellant; the date; and any pertinent documentation describing the basis for the appeal.
(d) The notice of appeal shall be filed at the office of the City Manager by certified mail. The City Manager shall consider the appeal and convene a hearing on the matter within 30 days of receiving the notice of appeal.
(e) Any person who fails to file a notice of appeal within 10 days of receipt of the notice, shall be deemed to have agreed to the action taken.
(1974 Code, § 54.99) (Ord. 29-84, passed 9-4-1984; Am. Ord. 26-87, passed 7-6-1987; Am. Ord. 46-90, passed 9-17-1990; Am. Ord. 9-91, passed 3-4-1991; Am. Ord. 44-92, passed 8-3-1992)