(a) Administrative Fine. Whoever violates any provision of this chapter may be assessed an administrative fine by the Director in accordance with State and Federal law and this chapter not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). Each day of occurrence shall be considered a separate offense.
(b) Injunctive Relief. Whenever an IU has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Director, through counsel 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 IU.
(c) Civil Penalties.
(1) Any industrial user who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the City for a civil penalty in accordance with State and Federal law plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the City may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The Director shall petition the Court to impose, assess, and recover such sums. In determining amount of liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.
(d) Criminal Penalties.
(1) Any industrial user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a first degree misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000) per violation or imprisonment for not more than six months or both.
(2) Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) per violation or imprisonment for not more than six months or both.
(e) The above penalties shall in no way relieve any person from being liable for any expense, loss or damage occasioned the City by reason of such violation.
(f) Prior to the application of any of the above prescribed penalties, the person found in violation will be notified, in writing, by the City advising the person of the action to be taken. The person may be granted a period of time in which to effect the remedial measures. Thereafter, further violations shall be subject to enforcement action.
(g) Nothing in this chapter shall be construed to preclude the institution of any legal action nor relieve any user from any responsibility, liability, or penalty established pursuant to any applicable Federal, State or local law or regulation. This shall include the possible imposition of criminal and/or civil penalties, including the authority of the City to collect costs of damage to the POTW as a result of any user failing to obey the terms and conditions of this chapter and any permit issued pursuant to this chapter.
(Ord. 8-96. Passed 2-5-96.)