(a) Civil Penalties. Any user who is found to have violated any provision of this chapter or of its wastewater discharge permit, or any order of the Director or a court of competent jurisdiction, shall be subject to the imposition of a civil penalty of up to one thousand dollars ($1,000) per violation. Each day on which a violation occurs or continues shall be deemed a separate and distinct violation. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation from the user.
(b) Criminal Penalties. Any user who intentionally or willfully violates any provisions of this chapter or of its wastewater discharge permit, or any order of the Director or court of competent jurisdiction, or any user who allows a violation to continue after becoming aware of the violation shall be punishable, upon conviction, by a criminal penalty of up to one thousand dollars ($1,000) per day, per violation, and not more than six (6) months in jail.
(c) Falsifying Information. Any user or duly-authorized representative of the user who knowingly makes any false statement, representation or certification on or of any application, record, report, plan or document filed or required to be maintained pursuant to this chapter; the industrial user's wastewater discharge permit; or any order of the Director or a court of competent jurisdiction, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method, shall be punishable, upon conviction by a criminal penalty of up to one thousand dollars ($1,000) per day, per violation, and not more than six (6) months in jail.
(d) Administrative Penalties.
(1) Notwithstanding any other section of this Chapter, any user who is found to have violated any provision of this Chapter, or any permits and/or orders issued hereunder, shall be fined an amount up to one thousand dollars ($1,000) per violation. Each day on which a violation or non-compliance occurs shall be deemed a separate and distinct offense.
(2) In determining the amount of an administrative fine, the Director shall consider the magnitude and severity of the violation, the history of past violations, the economic advantage gained by the violator for causing or allowing the violation to occur and affirmative actions taken by the violator to comply with the provisions of this chapter.
(3) Such fines may be added to the industrial user's sewer service bill. The City shall have the same collection remedies that are available to collect other charges.
(4) Any person assessed an administrative fine may appeal the action by filing a written notice of appeal with the City Council within ten (10) days of being notified of the fine. The notice of appeal shall include the name, address and telephone number of the appellant, the date and any other pertinent documentation describing the basis for the appeal. The notice of appeal shall be filed with the Director by certified mail. The City Council shall consider the appeal and convene a hearing on the matter within thirty (30) days of receiving the notice of appeal. Any person who fails to file a notice of appeal within ten (10) days of receipt of the notice of the administrative fine shall be deemed to have agreed to the action taken.
(Ord. 2020-20. Adopted 08/27/20)