CHAPTER 6
PENALTIES

Section 6600. Civil Penalties.

(a)    Any user who is found to have violated an order of the District, these regulations, or the orders, rules, regulations and permits issued hereunder, shall be liable civilly for a penalty not to exceed $25,000 for each day for each violation in which such violation occurs or continues. The District may petition the Superior Court to impose, assess, and recover the sums provided for in this section. In determining the amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and the corrective action, if any, attempted or taken by the discharger. In addition to the penalties provided herein, the District may recover reasonable attorneys’ fees, court costs, court reporters’ fees, administrative costs of the District, and other expenses of litigation by appropriate suit at law against the person found to have violated these regulations or the orders, rules, regulations, and permits issued hereunder.

Remedies under this section are in addition to, and do not supersede or limit, any other remedies, civil or criminal, but no liability shall be recoverable under this section for any violations for which liability is recoverable under Section 6510 of this Code.

(b)    Whenever a discharge of wastewater is in violation of the provisions of these regulations or otherwise causes or threatens to cause a condition of contamination, pollution, or nuisance, the District may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the continuance of such discharge.

(Added, §1, Ord. 88, 07-03-90)

(Amended, §29, Ord. 100, 05-04-93)

(Amended, §1, Ord. 178, 06-05-18)

Section 6601. General Criminal Penalties.

Any person who violates any provision of these regulations, permit, or permit contract, or who violates any administrative order, prohibition or effluent limitation, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed One Thousand Dollars ($1,000) or imprisonment for not more than thirty (30) days in the county jail, or both. Each day a violation occurs may constitute a new and separate offense and may subject the violator to an additional full measure of penalties as set forth herein.

(Added, §1, Ord. 88, 07-03-90)

Section 6602. Falsifying Information.

Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to these regulations, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these regulations shall be deemed to have violated the provisions of this Code.

(Added, §1, Ord. 88, 07-03-90)

(Amended, §30, Ord. 100, 05-04-93)

(Amended, §1, Ord. 178, 06-05-18)