The SGRWRF will refer to the State of Utah criminal violations of any Pretreatment Standards or permit conditions. The Attorney General’s office for Utah will offer Washington City, wherein the violation occurred, the option to prosecute the violator. Should the local entity decline, the State or EPA, at their discretion, may initiate appropriate criminal action. The SGRWRF will assist the Attorney General’s office or EPA any way it can with appropriate support for the action. The penalties set forth herein are in addition to any other cause of action for personal injury or property damage available under State or Federal law.
A. A User who willfully or negligently violates any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, upon conviction, shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $25,000 per violation, per day, or imprisonment for not more than one (1) year, or both.
B. A User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage, upon conviction, shall be guilty of a Class A misdemeanor and be subject to a penalty of not more than $25,000, per violation, per day, or imprisonment for not more than one (1) year, or both.
C. A User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Ordinance, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance, upon conviction, shall guilty of a third degree felony, and be subject to a penalty of not more than $50,000, per violation, per day, or imprisonment for not more than five (5) years, or both.
D. In the event of a second or subsequent conviction a User shall be punished by a fine of not more than $50,000 per violation per day, or imprisonment for not more than five (5) years, or both. (Ord. 2018-27, 11-14-2018)