A. Administrative Penalties: Any discharger who violates an order of the city, or who fails to comply with any provision of this chapter, or any regulations, rules, or permits of the city, issued pursuant to this chapter, shall be liable to the city for an administrative penalty.
1. The amount of such administrative penalty shall be not less than two hundred fifty dollars ($250.00) per violation nor more than one thousand dollars ($1,000.00) per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long term average discharge limit, the penalties shall accrue for each day during the period of the violation. The superintendent is authorized to levy fines and penalties. The superintendent shall have authority to suspend up to eighty percent (80%) of an administrative penalty at his discretion.
In determining the amount of the administrative penalty the superintendent shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, compliance history of the user, and any other factor as justice requires.
B. Civil Penalties: Any discharger who violates an order of the city, or who fails to comply with any provision of this chapter, or any regulations, rules or permits of the city, issued pursuant to this chapter, shall be liable to the city for a civil penalty.
1. The amount of such civil penalty shall not exceed one thousand dollars ($1,000.00) per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long term average discharge limit, the penalties shall accrue for each day during the period of the violation.
2. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, compliance history of the user, and any other factor as justice requires.
3. The city may recover reasonable attorney fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
C. Appeals: Users desiring to dispute such penalty must file a written request for the city to reconsider the penalty along with full payment of the penalty within fifteen (15) days of being notified of the penalty. Where a request has merit, the city shall convene a hearing with the board of sewer appraisers on the matter within fifteen (15) days of receiving the request from the user. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and order, to the penalty.
D. Issuance: Issuance of an administrative or civil penalty shall not be a bar against, or a prerequisite for, taking any other action against the user.
E. Recovery Of Costs Incurred By The City: Any discharger violating any of the provisions of this chapter who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the city's wastewater disposal system shall be liable to the city for any expense, loss, damage caused by such violation of discharge. The city shall, by order, bill the discharger for the cost incurred by the city for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation enforceable under the provisions of section 7-6-6 of this chapter.
F. General Criminal Penalties: Any user who knowingly violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of no more than one thousand dollars ($1,000.00) per offense or imprisonment for not more than six (6) months per offense or by both such fine and imprisonment. (Ord. 1090, 8-24-1999; amd. Ord. 1266, 4-10-2023)