§ 52.999  PENALTY.
   (A)   Regulation of industrial wastewater, commercial wastewater; civil penalties.
      (1)   Each violation of any section of this chapter or of a permit issued under this chapter is declared to be a municipal infraction. Each day that a violation of a section of this chapter continues, and each day that a violation of a permit issued under this chapter continues, shall be considered a separate municipal infraction.
      (2)   Any person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this subchapter, commits a municipal infraction punishable by a civil penalty as hereafter provided in division (A)(4) below.
      (3)   Any person who fails to perform an act required by the provisions of this chapter, who commits an act prohibited by the provisions of this chapter, or commits an environmental violation and shall be guilty of a municipal infraction, punishable by a civil penalty as hereafter provided in division (A)(4) below. Violation of a pretreatment standard or requirement referred to in 40 C.F.R. § 403.8 is an environmental violation punishable by a civil penalty as hereafter provided in section (A)(4) below.
      (4)   Whenever in this chapter, any act is prohibited and is declared to be a municipal infraction or whenever in this chapter the doing of any act is required and the failure to do that act is declared to be a municipal infraction, the violation of any provision shall be punishable by a civil penalty as set forth in Chapter 11. However, a municipal infraction which is classified as an environmental violation or which arises from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. § 403.8, by an industrial user may be punishable by a civil penalty, as set forth in Chapter 11, for each day a violation exists or continues. Each day a violation of a provision of this chapter continues shall be considered a separate municipal infraction.
   (B)   Regulation of fat, oil and grease discharge by food service establishments.
      (1)   Any person who fails to perform an act required by §§ 52.060 through 52.075 or who commits an act prohibited by §§ 52.060 through 52.075 shall be guilty of a misdemeanor punishable by fine or imprisonment or shall be guilty of a municipal infraction punishable by a civil penalty.
      (2)   Any person who fails to comply with a pretreatment standard applicable to an FSE shall be guilty of a municipal infraction punishable by a civil penalty, as set forth in Chapter 11, for each day the violation exists or continues, as provided by Iowa Code §§ 364.22 or 331.307.
      (3)   When enforcement is sought through a municipal infraction proceeding, the WRA Director, or other designated officers or officials with enforcement authority as provided in § 52.071, may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for noncompliance. These orders will include specific action to be taken by the user to correct the noncompliance within a time period specified by the order.
   (C)   Hauled wastes.
      (1)   Any person who fails to perform an act required by §§ 52.090 through 52.103 or who commits an act prohibited by §§ 52.090 through 52.103 shall be guilty of a municipal infraction punishable by a civil penalty.
      (2)   Any person who violates a discharge prohibition set forth in § 52.010, or discharges in excess of local limits as set forth in § 52.011, shall be guilty of an environmental violation punishable as provided by Iowa Code § 364.22.
(Ord. 2010-09, passed 7-13-2010; Am. Ord. 2019-03, passed 2-26-2019)
Cross-reference:
   Municipal infractions, see Chapter 11
Statutory reference:
   Authority for enhanced penalties in pretreatment violations, see Iowa Code § 364.22(1)