(a) Civil Penalties. Any Discharger who violates an order of the City or fails to comply with any provisions of this chapter shall be subject to the imposition of a civil penalty. The City may assess these penalties in accordance with the tier system below. The violations that constitute each tier are found in the Pretreatment Enforcement Response Plan. Such civil penalties shall be determined by the City based on the severity of the violation and the number of times the Discharger was in violation of the same limit. The tier system is as follows:
(1) Tier 1. One thousand dollars ($1,000) per violation; each day constitutes a separate violation.
(2) Tier 2. Five thousand dollars ($5,000) per violation; each day constitutes a separate violation.
(3) Tier 3. Ten thousand dollars ($10,000) per violation; each day constitutes a separate violation.
(b) Criminal Penalties. A Discharger’s willful or negligent violation of this chapter will be subject to criminal prosecution when the City has evidence of noncompliance which shows criminal intent, and such Discharger shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six (6) months, or by both. Each day in which any such violation continues shall constitute a separate offense.
(c) Falisfying Information. Any person who knowingly makes 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 contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six (6) months, or by both.
(d) Administrative Penalties. The City may assess penalties ranging in the amount of one hundred dollars ($100.00) to three hundred dollars ($300.00) per day upon any sewer user who fails to comply with the numerical value or administrative orders issued by the City or other regulatory agencies. Such administrative penalties shall be determined by the City based on the severity of the violation and the range of response (Tier) called for in the Pretreatment Program, Enforcement Response Plan. The Tier structure called for in the enforcement response program administrative penalties shall be as follows:
(1) Tier 1. One hundred dollars ($100.00) per violation; each day constitutes a separate violation.
(2) Tier 2. Two hundred dollars ($200.00) per day violation; each day constitutes a separate violation.
(3) Tier 3. Three hundred dollars ($300.00) per day violation; each day constitutes a separate violation.
Note: In addition to the administrative penalties stated herein, surcharges may be imposed upon violating Dischargers. As defined in Section 925.02, such surcharges are intended to recover the additional costs associated with treating extra strength discharges and are not penalties. (Ord. 12966/2020. Passed 10-14-20.)