(a) Any person who causes pollution or who fails or refuses to discharge any duty imposed upon him by this article or by any rule or regulations of the Department of Public Works, promulgated pursuant to the provisions and intent of this article, or by an Order of the Control Authority, or who fails or refuses to apply for and obtain a permit as required by the provisions of this article, or who fails or refuses to comply with any term or condition of such permit, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000).
(b) Any person who shall intentionally misrepresent any material fact in an application, record, report, plan or other document filed or required to be maintained under the provisions of this article or any rules and regulations promulgated by the Department of Public Works thereunder shall be guilty of a misdemeanor upon conviction thereof, said person shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).
(c) Any person who willfully or negligently violates any provision of any permit issued under or subject to the provisions of this article or who willfully or negligently violates any provision of this article or any rule or regulation of the Department of Public Works or any effluent limitation or any Order of the Control Authority shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than two thousand five hundred dollars ($2,500) nor more than twenty-five thousand dollars ($25,000) per day of violation.
(d) Any such person may be prosecuted and convicted under the provisions of this section notwithstanding that none of the administrative remedies provided for in this article have been pursued or invoked against said person and notwithstanding that a civil action for the imposition and collection of a Civil penalty or an application for an injunction under the provisions of this article has not been filed against such person.
(e) Where a person holding a permit is carrying out a program of pollution abatement or remedial action in compliance with the conditions and terms of such permit, he shall not be subject to criminal prosecution for pollution recognized and authorized by such permit. (Ord. O- 3-08. Passed 7-24-08.)