[Ord. No. 1226, § I, 6-23-2020]
No person shall violate any provision of this chapter, any regulation
established pursuant to it, federal or state law, regulation, or pretreatment
requirement or any order of the City relevant thereto, or any conditions
of any permit granted pursuant to this chapter.
The City may enforce this section by commencing an action for
appropriate legal and/or equitable relief. Such relief may be civil,
injunctive or criminal.
[Ord. No. 1226, § I, 6-23-2020]
Any person who shall violate this chapter, any regulation, or
any permit granted pursuant to this chapter or regulation shall be
guilty of a misdemeanor, and on conviction thereof shall be fined
in an amount not exceeding $5,000 or the maximum allowed by state
law for each violation. Each day in which any such violation shall
continue shall be deemed a separate offense.
The Commissioner shall establish from time to time a schedule of offenses and fines therefor, such fines to be levied in accordance with the procedures of Chapter
4 1/2 of this Code. Inclusion or omission of any offense on such schedule shall not prevent the City from taking any other or additional enforcement action as may be required to enforce the provisions of this chapter.
Schedules of Fines
|
|
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Violation of chapter, general
|
$300
|
Late or incomplete industrial discharge reporting, first offense
|
$100
|
Late or incomplete industrial discharge reporting, second and
subsequent offense
|
$100 x number of offenses
|
Making connection or discharging to sewer without permit
|
$300
|
Failure to report changes in industrial discharge, slugs, etc.
|
$500
|
Exceeding permit limits for regulated pollutants, each
|
$500
|
Discharge pH less than 5.5 or greater than 9.5, first offense
|
$500
|
Discharge pH less than 5.5 or greater than 9.5, second and subsequent
offense
|
$500 x number of offenses
|
Improper sampling or nonrepresentative monitoring of industrial
wastewater discharge, after warning
|
$1,000
|
Dilution of discharge to avoid pretreatment after warning
|
$1,000
|
Discharge to sewer of prohibited substance, pollutant or waste
|
$1,000
|
Discharge causing interference in operation of WWTP or pass
through not resulting in violation of city NPDES permit
|
$1,000
|
Significant noncompliance with pretreatment standards
|
$2,500
|
Discharge causing interference in operation of WWTP or pass
through resulting in violation of city NPDES permit
|
$5,000
|
Discharge to sewer or explosive substances, gasoline, fuels,
or volatile chemicals not otherwise permitted, etc.
|
$5,000
|
NOTE: Violation of pollutant concentration limits shall be determined
by daily average measurements and analyses. Fines shall be assessed
per violation per day, each such day constituting a separate violation.
|
[Ord. No. 1226, § I, 6-23-2020]
Any person violating any of the provisions of this chapter shall
become liable to the City for any expense, loss, or damage occasioned
by the City for reason of such offense, including, in the case of
industrial users determined by the Commissioner to be in significant
noncompliance with applicable pretreatment standards, the cost of
publication of such record of noncompliance in the largest daily newspaper
published in the area of the wastewater system as required by 40 CFR
Part 403.8.