(A) Written Notice. Any user found to be violating any provision of this chapter or a discharge permit or other issued hereunder shall be served by the superintendent or his representative with written notice stating the nature of the violation. The violator shall permanently cease all violations upon receipt of this notice. As contained §§ 51.90 - 51.91, the notice may be of several forms. Penalties of various forms set out in §§ 51.90 - 51.91 may be levied against users for violations of this chapter. The penalties shall range from publication of violators to fines of at least one thousand dollars ($1,000) per day per violation.
(B) Continued Violation. Any user who shall violate any provision of this chapter, a discharge permit or other order issued hereunder shall be guilty of a violation of this chapter and shall be liable to the superintendent for a civil penalty of at least one thousand dollars ($1,000) per violation for each day on which the violation occurs. Each day on which a violation occurs shall be deemed a separate offense.
(C) Revocation of permit. Any user violating any of the provisions of this chapter or discharge permit or other order issued hereunder shall be subject to termination of its authority to discharge sewage into the public sewer system. The termination shall be immediate if necessary for the protection of the POTW. The user may also have water service terminated. Any user who violates any condition(s) of this chapter, discharge permit, order or applicable state or federal regulations is subject to having its industrial user discharge permit revoked in accordance with the procedures of this chapter. Violations resulting in immediate permit revocation shall include, but not be limited to, the following:
(1) Failure of a user to factually report the wastewater constituents and characteristics of its discharge;
(2) Failure of the user to report significant changes in operations, processes, wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection and sampling; and
(4) Violation(s) of any condition of the industrial user discharge permit.
(D) Liability. Any user violating any of the provisions of this chapter, discharge permit or other order issued hereunder shall become liable to the city for any expense, loss or damage occasioned by the city by reason of the violation. This civil liability is as provided by state and federal regulations.
(E) Misrepresentation and/or Falsifying Documents. Any user who knowingly and/or negligently makes any false statements, representation or certification of any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or industrial user discharge permit or who falsifies, tampers with or knowingly and/or negligently renders inaccurate any monitoring device or method required under this chapter, shall be punished by a fine of at least one thousand dollars ($1,000) or by imprisonment for not more than twelve (12) months, or by both.
(F) Destruction of POTW and Legal Action. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the POTW. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct. It shall be noted that the Clean Water Act does not require proof of specific intent to obtain conviction.
(G) Judicial Action. If any person(s) discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of the chapter, discharge permit, any order of the superintendent or the city, or federal or state pretreatment requirements, the city may commence an action for appropriate legal and/or equitable relief in the appropriate court of this jurisdiction. 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 person(s) found to have violated this chapter or the orders, rules regulations and permits issued hereunder.
(H) Termination of Service. The superintendent may suspend the wastewater treatment service and/or wastewater discharge permit of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of the public, the POTW or the environment. Any user notified of a suspension of the wastewater treatment service and/or the discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the superintendent shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. Any industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the superintendent.
(I) Criminal Prosecution. Any industrial user who willfully or negligently violates any provisions of this chapter, any orders or permits issued hereunder, or any other pretreatment requirements shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) per violation per day or imprisonment for not more than one year or both.
(Ord., passed 8-20-91)