(a) Civil Penalties. Whoever 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 of
Warren WPC may assess these penalties in accordance with the tier system below at their discretion. Such civil penalties shall be determined by the City of Warren WPC based on
the severity of the violation and the number of times the legal entity was in violation of
the same limit. The tier system shall be 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. Any 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) Falsifying 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 anyone 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. The Tier structure 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.
(e) The imposition of any other penalties provided herein shall not preclude the City of Warren instituting an appropriate action or proceeding in a Court of proper jurisdiction to
prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or regulations, or the orders of the City of Warren.
(Ord. 13158/2022. Passed 9-28-22.)
CODIFIED ORDINANCES OF WARREN