Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential introduction of prohibited and/or restricted effluents into the sanitary sewer system requires penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 403.8(f)(l)(vi)(A) requires penalties in at least the amount of $1,000.00 per day per violation which goes uncorrected.
(a) Any user who is found to have violated an order of the city or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized in at least the amount of $1,000 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. A lien against the user's property will be sought for unpaid charges, fines and penalties. In addition to the penalties provided herein, the city may recover all reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations, and permit issued hereunder.
(b) Penalties for continuing violations. Any person who shall continue any violation beyond the time limit provided for in Section 26-166(a) shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000 for each offense. Each day in which any violation shall continue shall be deemed a separate offense.
(c) Whoever violates Section 26-171 shall, upon conviction, be punished by a fine in at least the amount of $1,000 or by imprisonment for not more than 60 days, or by both.
(d) If sampling performed by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming award of the violation. The user is not required to resample if the Director monitors at the user's facility at least once a month or if the Director samples between the user's initial sampling and when the user receives the results of this sampling.
(e) The remedies and penalties provided for in this chapter are not exclusive. The Director may 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 Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user.
