(a) Any person, individual or user found to be violating any provision of this article, except for those violations described by Section 925.20, shall be served by the Department of Public Works with a written Notice of Violation. Such a notice shall state the nature of the violation and also provide a reasonable time limit for the satisfactory correction of the violation thereof. The identified offender shall permanently cease all violations within the stated time limit of the Notice of Violation.
(b) Any person, individual or user who shall continue any violation beyond the time limit provided by the Notice of Violation shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed two hundred dollars ($200.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(c) Any person, individual or user violating any of the provisions of this article shall become liable to the City for any expense, loss, or damage occasioned by the City or POTW treatment plant by reason of such violation.
(d) Fines and costs imposed under provision of this article shall be enforceable and recoverable in the manner provided by applicable law.
(e) Any person, individual or user who violates any provision of any pretreatment regulation or any provision of an Industrial permit derived and issued therefrom, and also coming under or subject to the provisions of this article shall be subject to a civil penalty not to exceed ten thousand dollars per day of such violation.
(f) Any person who violates any provision of this article or of any rule and regulation, or who violates any standard or order promulgated or made and entered under the provisions of this article shall be subject to a civil penalty not to exceed ten thousand dollars per day of such violation.
(g) Any such civil penalty may be imposed and collected only by a civil action instituted by the Control Authority in the Circuit Court of the County in which the violation occurred, or is occurring, or of the County in which the waters thereof are polluted as the result of such violation.
(h) Upon application by the Control Authority, the Circuit Courts of this State or the judges thereof in vacation may by injunction compel compliance with and enjoin violations of the provisions of this article, the rules and regulations of the Department of Public Works, effluent limitations, the terms and conditions of any permit granted under the provisions of this article, or any Order of the Control Authority, and the venue of any such action shall be the County is which the violation or noncompliance exists or is taking place or in any County in which the waters thereof are polluted as the result of such violation or noncompliance. The Court or the Judge thereof in vacation may issue a temporary or preliminary injunction in any case pending a decision on the merits of any injunctive application filed. The City shall not be required to furnish bond as a prerequisite to obtaining injunctive relief under this article. An application for an injunction under the provisions of this article may be filed and injunctive relief granted, notwithstanding that all of the administrative remedies provided for in this article have not been pursued or invoked against the person or persons against whom such relief is sought, and notwithstanding that the person or persons against whom such relief is sought have not been prosecuted or convicted under the provisions of this article.
(i) The judgment of the Circuit Court upon any application filed or in any civil action instituted under the provisions of this Article shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals.
(j) Any such appeal shall be sought in the manner provided by law for appeals from Circuit Courts in other civil cases, except that the petition seeking review in any injunctive proceeding must be filed with said Supreme Court of Appeals within ninety (90) days from the date of entry of the judgment of the Circuit Court.
(Ord. O-3-08. Passed 7-24-08.)