(A) The city administration or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. The city administration or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers of waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties, as defined in this chapter the city administration or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company; and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the company to maintain safe conditions.
(C) The city administration or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 1737, passed 6-24-91) Penalty, see §51.999
Any person found to be violating any provision of this chapter, except provisions on protection from damage, and except for the provisions of §§51.090 through 51.097, shall be served by the city with written notice stating the nature of the violation and providing a time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(Ord. 1737, passed 6-24-91)
Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of the violation.
(Ord. 1737, passed 6-24-91)
The city may discontinue service for failure to observe all terms of this chapter. Any costs incurred for discontinuation will be paid by the user in accord with this chapter.
(Ord. 1737, passed 6-24-91)
(A) Any person who shall continue any violation of the provisions of §§51.002 through 51.076 beyond the time limit provided in §51.111 commits a Class A violation. Each day in which any violation shall continue shall be deemed a separate offense. (Ord. 1737, passed 6-24-91; Am. Ord. 1976, passed 10-26-98)
(B) Any user which is found to have violated any provision of §§51.090 through 51.097, permits and orders issued thereunder, or any other pretreatment requirement commits a Class A violation shall be fined in an amount designated by the city, if not specified, up to $1,000 may be assessed per violation. Fines shall be assessed on a per violation, per day basis. Fines assessed may take into consideration, the magnitude of the violation and the willingness of the industrial user to return to compliance. In the case of monthly or other long-term average discharge limits, fines may be assessed for each business day during the period of violation.
(1) Assessments may be added to the user's next scheduled sewer service charge and the city shall have other collection remedies as may be available for other service charge fees.
(2) Unpaid charges, fines, and penalties together with interest therefrom shall constitute a lien against the individual user's property, and may constitute cause for revocation of the industrial user's discharge permit. If an industrial user fails to file a timely and complete request to review enforcement action, the user shall be deemed to have consented to pay the fine assessed and to comply with all other terms of the enforcement action.
(C) Any industrial user which has violated or continues to violate §§51.090 through 51.097, any order or permit thereunder, or any other pretreatment requirement shall be liable to the city for a maximum civil penalty allowed under the laws of the state, but not less than $ 1,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each business day during the period of this violation.
(1) The city may recover reasonable attorney's fees, court costs, and other expense associated with enforcement activities including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(2) In determining the amount of civil liability, the court shall take into account relevant circumstances, including, but not limited to, the extent of harm caused by the violation, co-effective actions by the industrial user, the compliance history of the user and any other factors as justice requires.
(3) Where appropriate, the city may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the city and the industrial user's expense in undertaking the project is at least 150% of the civil penalty.
(D) Any industrial user who willfully or negligently violates any provisions of §§51.090 through 51.097, any orders or permits issued thereunder, or any other pretreatment requirement shall, upon conviction, be sentenced to a specific fine violation not to exceed $1,000.
(1) Any industrial user who knowingly makes any false statement, representations, or certification in any application, record report, plan, or other documentation filed or required to be maintained pursuant to §§51.090 through 51.097 or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurately any monitoring device or method required under this subchapter shall, upon conviction, be sentenced to a specific fine violation not to exceed $1,000.
(2) In the event of a second conviction, the user shall be punishable by a specific fine not to exceed $3,000 per violation per day.
(Ord. 1941, passed 11-24-97; Am. Ord. 1976, passed 10-26-98)