Town of Ithaca, NY Penalties and Costs

Any person who violates an Order of the Chief Operator, Special Joint Subcommittee, or municipality, or fails to comply with any provisions of this chapter, the Act, Pretreatment Standards or Pretreatment Requirements, or Wastewater Discharge Permits issued hereunder, may be assessed by the relevant municipality, as described in § 216-39 above, a civil administrative penalty not to exceed $2,500 per day for each violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

Any person who violates an order of the Chief Operator, Special Joint Subcommittee, or municipality, or fails to comply with any provisions of this chapter, the Act, Pretreatment Standards or Pretreatment Requirements, or Wastewater Discharge Permits issued hereunder, may be assessed a civil judicial penalty not to exceed $5,000 per day for each violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

All civil administrative or civil judicial penalties recovered hereunder shall be paid to the municipality which prosecuted the enforcement action. After reimbursing itself for the expenses of prosecution, the municipality shall pay the balance to the City of Ithaca Joint Activity Fund for POTW expenditures. In addition to the penalties provided herein, the municipalities may recover court costs, court reporters' fees, and other expenses of litigation, as well as recoverable attorneys' fees, in an appropriate legal action against the person found to have violated this chapter or limitations or conditions of a Wastewater Discharge Permit issued thereunder.

Nothing in this section shall preclude the municipalities from bringing an action against a User for liability incurred as a result of damage to the POTW, fish kills, or any other damage to persons, animals, aquatic life, property, or natural resources.

Any person who knowingly violates any requirement of this chapter or of any Wastewater Discharge Permit condition or limitation implementing the requirements of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall, if the person is not a corporation, be punished by a fine not exceeding $10,000 per day of violation, or by imprisonment for a term of not more than one year, or by both such fine and imprisonment; and if the person is a corporation shall, upon conviction, be punished by a fine not exceeding $20,000 per day of violation.

Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall, if the person is not a corporation, be punished by a fine not exceeding $10,000 per day of violation, or by imprisonment for a term of not more than one year, or by both such fine and imprisonment; and if the person is a corporation shall, upon conviction, be punished by a fine not exceeding $20,000 per day of violation.