(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)