§ 52.99  PENALTY.
   (A)   Sections 52.01 through 52.15.
      (1)   Civil penalties.
         (a)   A user which has violated or continues to violate any provision of §§ 52.01 through 52.15, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $2,000 per violation, per day.  In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of the violation.
         (b)   The city may recover reasonable attorneys 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)   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, the compliance history of the user, and any other factor as justice required.
         (d)   Filing a suit for civil penalties shall not be a bar against or a prerequisite for taking any other action against a user.
      (2)   Criminal prosecution.
         (a)   A user which has willfully or negligently violated any provision of this subchapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $2,000 per violation, per day, or imprisonment for not more than two years, or both.
         (b)   A user which has willfully or negligently introduced any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $2,000 and/or be subject to imprisonment for two years.  This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
         (c)   A user which knowingly made any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this subchapter, wastewater discharge permit, or order issued hereunder, or who falsified, tampered with, or knowingly rendered inaccurate, any monitoring device or method required under this subchapter shall, upon conviction, be punished by a fine of not more than $2,000 per violation per day, or imprisonment for not more than two years, or both.
         (d)   In the event of a second conviction, a user shall be punished by a fine of not more than $2,000 per violation per day, or imprisonment for not more than two years, or both.
      (3)   Remedies nonexclusive.  The provisions in divisions (A) and (B) above are not exclusive remedies.  The city reserves the right to take any, all, or any combination of these actions against a noncompliant user.  Enforcement of pretreatment violations will generally be in accordance with the city's Enforcement Response Plan.  However, the city reserves the right to take other action against any user when the circumstances warrant.  Further, the city is empowered to take more than one enforcement action against any noncompliant user.  These actions may be taken concurrently.
   (B)   Sections 52.30 through 52.53.
      (1)   A person who continues prohibited discharges is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $200 for each act of violation and for each day of violation.
      (2)   In addition to proceeding under authority of division (A) above, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
(Ord. 75-717A, passed 7-17-1975; Ord. 03-0617, passed 6-17-2003)