(a) Any person or organization (as specified in TMC 501.11) that violates Section 930.03, 930.04(b), 930.041, 930.05, 930.08, 930.09, 930.10, 930.11 or any condition or requirement of issued Discharge Orders shall be guilty of a misdemeanor of the first degree or shall be fined not more than twenty-seven thousand and five hundred dollars ($27,500) for each violation, or both.
(Ord. 210-12. Passed 5-8-12.)
(c) In addition to the penalties listed in subsection (f), the Department of Public Utilities shall be authorized to enter upon the property of any person who fails, pursuant to a written order of the Director issued under TMC 930.04(a), to remove an unpolluted water connection to a sanitary sewer and to take any and all actions necessary to eliminate the connection at the cost of the violator. In the alternative, the Department may, notwithstanding TMC 943.05, assign an allocation of five (5) Equivalent Residential Units (ERUs) to the violator's residential storm water service charge and a multiple of five (5) times the assigned number of ERUs to the violator's non-residential storm water service charge to help defray the cost of the structures necessary to transport, store and treat the unpolluted water. The number of ERUs assigned to a person who has failed to remove an unpolluted water connection to a sanitary sewer under this section shall increase by one (e.g. from 5 ERUs to 6 ERUs) for a residential structure and by a multiple of one (e.g. from a multiple of 5 times to a multiple of 6 times the assigned ERUs) for a non-residential structure at the beginning of each calendar year that the person remains out of compliance with the Director's removal order. Upon removal of the unpolluted water connection, the assignment of ERUs to the person shall revert to the allocation designated under TMC 943.05.
(d) Each day of violation shall constitute a separate offense.
(e) In determining the amount of the civil penalty to be assessed for violations of this chapter, the following factors may be considered:
(1) the economic benefit derived by the violator from the deferral of remedial action;
(2) the degree of environmental harm and/or POTW damage caused from the violation;
(3) the recalcitrance of the violator;
(4) good faith efforts by the violator to take appropriate remedial action;
(5) the duration of the violation.
(f) In addition to the penalties authorized in this section, the City may recover its cost of investigating and remediating violations of this Chapter plus the cost of pursuing civil or criminal actions related to any violation of this Chapter. All penalties and fines collected under this Chapter shall be credited to the Division of Environmental Services.
(Ord. 525-07. Passed 8-7-07.)