§ 25-192. Penalties.

(a)

Any person determined to be guilty of a violation of any provision of section 25-183 or section 25-190 of this division shall be deemed guilty of a misdemeanor and shall be subject to the penalties and fines set forth in section 1-8 of this Code.

(b)

Any person found in violation of any of the provisions of this division, except section 25-190, shall be served by the control authority with written notice stating the nature of the violation, describing the penalty applicable to the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. The user may deliver to the control authority, within five (5) days of receipt of such notice, a written request for a hearing before the control authority at which hearing the user shall be given an opportunity to show cause why the notice should be rescinded or modified. Any notice issued pursuant to this subsection may provide one (1) or more of the following penalties:

(1)

An administrative penalty of not more than one thousand dollars ($1,000.00) for each violation of the division, and each day of a continuing violation may be deemed a separate violation; and,

(2)

A compliance directive with time schedule mandating procedures which would bring the user into compliance with this division within the designated time schedule, which compliance directive with schedule shall be expressly stated to be subject to enforcement by withdrawal of the user's discharge permit or termination of POTW service upon noncompliance with the compliance directive with schedule; and,

(3)

A withdrawal of the user's discharge permit and termination of POTW service to the user.

The control authority shall be guided by the city pretreatment program enforcement management plan, which was adopted by the control authority on the effective date of this division, and confirmed hereby, in (1) the initial issuance of penalties set forth in notices issued pursuant to this subsection and (2) in the administrative adjustment or amendment to any such penalty as a result of a hearing requested by the User pursuant to the provisions of this subsection. No action to withdraw a user permit shall be final until the control authority has given notice of and conducted the show cause hearing provided for in the enforcement management plan.

(c)

Any person violating the provisions of this division shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

(d)

In enforcement of the penalty of withdrawing a user's discharge permit or terminating POTW service to a user, the control authority may discontinue water service to the user.

(e)

The city shall have the authority, after notice to the discharger, to immediately and effectively halt or prevent any discharge of pollutants to the sanitary sewer system which reasonably appears to present an imminent danger to the health or welfare of persons, or which threatens to interfere with the operation of the city's treatment facilities.

(f)

The listing of penalties in this section shall not preclude other appropriate judicial remedies available with reference to any violation of this division. In particular, the control authority may petition any court of pertinent jurisdiction to grant injunctive or other legal or equitable relief by reason of a violation. No judicial action against an industrial user to collect a civil penalty for violation of pretreatment standards or requirements shall be commenced without a majority vote of the board of directors.

(Ord. No. 69-97, § 12, 11-18-97)