Chapter 13.60
ADMINISTRATION AND ENFORCEMENT
Sections:
13.60.010 Right of entry for inspections.
13.60.040 Public nuisances enumerated.
13.60.050 Abandoned sewage disposal systems.
13.60.070 Subdivisions – Plans required – Contents.
13.60.080 Moratoria on permit issuance.
13.60.090 Promulgation of rules and regulations.
13.60.100 Duties of city manager.
13.60.110 Compliance monitoring.
13.60.120 Publication of industrial users in significant noncompliance.
13.60.130 Administrative enforcement remedies.
13.60.140 Judicial enforcement remedies.
13.60.150 Supplemental enforcement action.
13.60.160 Remedies nonexclusive.
13.60.170 Affirmative defenses to discharge violations.
13.60.010 Right of entry for inspections.
Whenever necessary to make an inspection to determine compliance with the provisions of this division, the health officer may enter any buildings or place at all reasonable times to inspect the same or to perform any duty imposed upon the health officer by this division; provided, that if such building or place is occupied, he shall first present proper credentials and demand entry; and, if such building or place is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or place and demand entry. (Ord. 76-370 Art. VIII § 1).
13.60.020 Violation notices.
In the event a sewage disposal system subject to this division is operated, constructed, or repaired contrary to the terms of this division or regulations issued by the health officer, the health officer may send written notice to the owner of the land as shown on the most recent equalized assessment roll, at his address listed on said roll, which notice shall state the manner in which the sewage disposal system is in violation, what corrective measures must be taken, the time within which such corrections must be made and that, if the landowner fails to make corrections within the period provided, the corrections may be made by the city and the landowner shall be liable for the costs thereof. (Ord. 76-370 Art. VIII § 2).
13.60.030 Nuisance abatement.
If the corrections listed on the notice are not made as required in the notice, the health officer shall abate the nuisance or violation. The notice permitted by FMC 13.60.020 need not be given prior to abating the nuisance or violation. (Ord. 76-370 Art. VIII § 3).
13.60.040 Public nuisances enumerated.
A. The following are declared to be a public nuisance:
1. The presence of sewage upon the surface of the ground in urban and suburban areas;
2. A sewage disposal system which creates a public nuisance;
3. A sewage disposal system which empties, flows, seeps, or drains into any surface waters or can reasonably be expected to do so;
4. A sewage disposal system which now does or may reasonably be expected to empty, flow, seep or drain into or adversely affect any subsurface water which is used or is suitable for use by any inhabitants of the state.
B. This declaration of public nuisance is not intended to be an exclusive definition of public nuisance or a limitation upon the authority of the health officer to declare other circumstances to be a public nuisance. (Ord. 76-370 Art. VIII § 4).
13.60.050 Abandoned sewage disposal systems.
A. Every abandoned building sewer or part thereof shall be plugged or capped in an approved manner within five feet of the property line.
B. Every abandoned septic tank shall have the sewage removed therefrom and be completely filled with earth, sand, gravel, concrete, or other approved material. The cover of the septic tank shall be removed before filling. The filling shall not extend above the top of the vertical portion of the sidewalls or above the level of any outlet pipe until an inspection has been completed by the health officer. After such inspection the septic tank shall be filled to the level of the top of the ground.
C. No person owning or controlling any septic tank shall fail, refuse, or neglect to comply with the provisions of this section upon receipt of notice from the health officer.
D. Where a sewage disposal system is abandoned consequent to connecting with the public sewer, the permittee making the connection shall fill the abandoned septic tank as required by the health officer within 30 days from the time of connecting with the public sewer. (Ord. 76-370 Art. VIII § 5).
13.60.060 Lot inspections.
A. Upon request, the health department may make inspection of a lot and review available departmental records to determine the probable suitability of the property for individual sewage disposal. The health officer shall issue a report on the inspection findings to the property owner or his authorized representative. A lot inspection report shall not constitute approval for the issuance of the sewage disposal permit or guarantee of such issuance.
B. Each application for inspection of a lot shall be accompanied by a fee set by resolution of the city council in an amount sufficient to cover costs. When inspection of more than one lot is requested, the fee shall be charged for each lot. (Ord. 76-370 Art. IX § 1).
13.60.070 Subdivisions – Plans required – Contents.
A. For any proposed subdivision or minor subdivision which will not be connected to a public sewer system prior to sale of the lots, the health officer shall require detailed plans of the means of sewage disposal to be used in the subdivision before presenting recommendations to the planning commission.
B. Such plans shall recognize that the sewage disposal demands of any particular subdivision cannot be analyzed without reference to the sewage disposal demands of the land surrounding the subdivision.
C. Such plans shall recognize that the proposed sewage disposal system of the subdivision must be viewed as a single system for purposes of analysis.
D. Such plans shall be consistent with all the provisions of this division and regulations issued by the health officer.
E. Such plans shall include provisions to meet sewage disposal demands over the long-term.
F. Such plans require the approval of the health officer.
G. The plans shall be accompanied by a fee sufficient to cover the expenses incurred by the city in reviewing the plans. The fee shall be set by resolution of the city council. In the event that the actual costs are less than the fee deposited, the balance shall be returned. In the event the actual costs are greater than the fee deposited, the subdivider shall pay to the city the excess of the actual costs over the amount of the fee deposited. (Ord. 76-370 Art. IX § 2).
13.60.080 Moratoria on permit issuance.
A. In areas where sewage disposal systems represent existing or potential community problems, the city council may declare a moratorium on the issuance of sewage disposal system permits. Information shall be gathered by the health officer regarding the nature of current and potential problems in such areas.
B. Factors involved in the declaration of a moratorium include but are not limited to:
1. High groundwater during any part of the year;
2. Soil conditions;
3. Geologic conditions;
4. Failed systems in the area;
5. Density of dwellings;
6. Load on the system or systems;
7. Land use patterns;
8. Nuisance hazard;
9. Other factors as may be identified by the health officer.
C. The health officer shall keep on file maps showing the moratorium areas and shall inform other permitting agencies and local financial institutions of the action of the city council. (Ord. 76-370 Art. IX § 3).
13.60.090 Promulgation of rules and regulations.
A. The health officer shall issue such regulations as he deems necessary to carry out the provisions of this division.
B. Any such regulations issued by the health officer shall:
1. Be consistent with the intent and purpose of this division;
2. Recognize the most current technical information relevant to the provisions of this division;
3. Provide for exceptions where a strict application of this division or regulations issued by the health officer would inflict a substantial personal hardship upon the occupants of the building or place in question;
4. Be designed to minimize and eliminate public nuisance hazards or the potential thereof;
5. Recognize that any single sewage disposal system is in reality a subunit of a larger sewage disposal system comprised of numerous subunits.
C. Regulations issued by the health officer under this section shall become effective when filed with the city clerk.
D. Regulations issued under this section may be amended by the health officer from time to time by filing such amendments with the city clerk; amendments shall become effective when filed.
E. Regulations issued under this section shall be available to the public in booklet form at a fee to be determined by the city council. (Ord. 76-370 Art. IX § 4).
13.60.100 Duties of city manager.
Except as otherwise provided in this chapter, the city manager shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the city manager may be delegated by the city manager to other city personnel. (Ord. 2019-735 § 2 (Exh. 1)).
13.60.110 Compliance monitoring.
A. Inspection and Sampling. The city manager shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this chapter, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the city manager or his representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
1. Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangement with its security guards so that, upon presentation of suitable identification, personnel for the city, state, and EPA shall be permitted to enter without delay, for the purposes of performing their specific responsibilities.
2. The city, state, and EPA shall have the right to set up on the industrial user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
3. The city may require the industrial user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. The monitoring equipment should normally be situated on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that the facility will not be obstructed by landscaping or parked vehicles. All devices used to measure wastewater flow and quality shall be calibrated yearly to ensure their accuracy.
4. Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the city manager and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
5. Unreasonable delays in allowing city personnel access to the industrial user’s premises shall be a violation of this chapter.
6. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local agency construction standards and specifications. Construction shall be completed within 90 days following written notification by the city, unless a time extension is otherwise granted by the city.
B. Search Warrants. If the city manager has been refused access to a building, structure, or property or any part thereof, and if the city manager has demonstrated probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city attorney may apply to the appropriate court for a search, inspection and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant in accordance with law. (Ord. 2019-735 § 2 (Exh. 1)).
13.60.120 Publication of industrial users in significant noncompliance.
The city shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the significant industrial users and categorical industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);
B. Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the city’s exercise of its emergency authority to halt or prevent such a discharge;
E. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; and
H. Any other violation which the city determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 2019-735 § 2 (Exh. 1)).
13.60.130 Administrative enforcement remedies.
A. Notification of Violation. Whenever the city manager finds that any person has violated or is violating this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the city manager or his agent may serve upon said person a written notice of violation. Within seven days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the person to the city manager. Submission of this plan in no way relieves the person of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
A warning NOV is a verbal or written communication between the city manager and the industrial user regarding possible enforcement action for potential or actual noncompliance by the industrial user. The city manager must document the warning in writing and place a copy of the documentation in the user’s file.
B. Consent Orders. The city manager may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents shall include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections (D) and (E) of this section and shall be judicially enforceable.
C. Show Cause Hearing. The city manager may order a person which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the city manager and show cause as to why the proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the person show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least seven days prior to the hearing. Such notice may be served on any authorized representative of the person as defined in FMC 13.24.320 and required by FMC 13.36.020(B). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the person.
D. Compliance Orders. When the city finds that a person has violated or continues to violate this chapter, wastewater discharge permits or order issued hereunder, or any other pretreatment standard or requirement, the city may issue an order to the person responsible for the discharge directing that the person come into compliance within 30 days. If the person does not come into compliance within 30 days, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the person.
E. Cease and Desist Orders.
1. When the city manager finds that a person is violating this chapter, the person’s wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the person’s past violations are likely to recur, the city manager may issue an order to the person directing the person to cease and desist all such violations and directing the person to:
a. Immediately comply with all requirements; and
b. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
2. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the person.
F. Administrative Fine.
1. Notwithstanding any other section of this chapter, any person that is found to have violated any provision of this chapter, its wastewater discharge permit, and orders issued hereunder, or any other pretreatment standard or requirement, may be fined in an amount not to exceed $1,000. 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 may be assessed for each day during the period of violation.
2. Assessments may be added to the person’s next scheduled sewer service charge and the city manager shall have such other collection remedies as may be available for other service charges and fees.
3. Unpaid charges, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 10 percent of the unpaid balance and interest shall accrue thereafter at a rate of 0.5 percent per month. A lien against the individual person’s property will be sought for unpaid charges, fines, and penalties.
4. Persons desiring to dispute such fines must file a written request for the city manager to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the city manager shall convene a hearing on the matter within 30 days of receiving the request from the industrial person. In the event the person’s appeal is successful, the payment together with any interest accruing thereto shall be returned to the industrial person. The city may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.
5. Issuance of an administrative fine shall not be a prerequisite for taking any other action against the person.
G. Emergency Suspensions.
1. The city manager may immediately suspend a person’s discharge (after informal notice to the person) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The city manager may also immediately suspend a person’s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
a. Any person notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a person’s failure to immediately comply voluntarily with the suspension order, the city manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city manager shall allow the person to recommence their discharge when the person has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in this chapter are initiated against the person.
b. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the city manager, prior to the date of any show cause or termination hearing as set forth in this chapter.
2. Nothing in this subsection (G) shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
H. Termination of Discharge.
1. In addition to those provisions in FMC 13.36.050, any person that violates the following conditions of this chapter, wastewater discharge permits, or orders issued hereunder, is subject to discharge termination:
a. Violation of wastewater discharge permit conditions;
b. Failure to accurately report the wastewater constituents and characteristics of its discharge;
c. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
d. Refusal of reasonable access to the person’s premises for the purpose of inspection, monitoring, or sampling;
e. Violation of the pretreatment standards in FMC 13.32.020 through 13.32.150.
2. Such person will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (C) of this section why the proposed action should not be taken. (Ord. 2019-735 § 2 (Exh. 1)).
13.60.140 Judicial enforcement remedies.
A. Injunctive Relief. Whenever the person has violated a pretreatment standard or requirement or continues to violate the provisions of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the city may petition the Superior Court for the issuance of a temporary or permanent injunction, as may be appropriate in restraining the continuance of such violation. In any such action, the city shall be entitled to recover, in addition to other costs and damages, an amount for reimbursement of its reasonable attorneys’ fees.
B. Civil Penalties.
1. Any person which has violated or continues to violate this chapter, any order, or wastewater discharge permit hereunder, or any other pretreatment standard or requirement, shall be liable to the city for a maximum civil penalty of $6,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
2. The city may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
3. When a discharge of wastes causes an obstruction, damage, or other impairment to the POTW, the city may assess a charge against the person for the cost of the work required to clean or repair the POTW and add such charge to the person’s service charge.
4. Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a person. (Ord. 2019-735 § 2 (Exh. 1)).
13.60.150 Supplemental enforcement action.
A. Water Supply Severance. Whenever a person has violated or continues to violate the provisions of this chapter, orders, or wastewater discharge permits issued in this chapter, water service to the person may be severed. Service will only recommence, at the person’s expense, after it has satisfactorily demonstrated its ability to comply.
B. Public Nuisances. Any violation of this chapter, wastewater discharge permits, or orders issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the city manager or his designee. Any person(s) creating a public nuisance shall be subject to the provisions of applicable state and city codes, ordinances, rules and/or regulations governing such nuisances, including recoupment by the city of any costs incurred in removing, abating or remedying said nuisance. (Ord. 2019-735 § 2 (Exh. 1)).
13.60.160 Remedies nonexclusive.
The provisions in FMC 13.60.120 through 13.60.150 are not exclusive remedies. The city reserves the right to 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 city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. (Ord. 2019-735 § 2 (Exh. 1)).
13.60.170 Affirmative defenses to discharge violations.
A. Upset.
1. For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
2. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (A)(3) of this section are met.
3. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
a. An upset occurred and the industrial user can identify the cause(s) of the upset;
b. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
c. The industrial user has submitted the following information to the POTW and treatment plant operator within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
i. A description of the indirect discharge and cause of noncompliance.
ii. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.
iii. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
4. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
5. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
6. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
B. Bypass.
1. For the purposes of this section:
a. “Bypass” shall mean the intentional diversion of waste streams from any portion of an industrial user’s treatment facility.
b. “Severe property damage” shall mean substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
2. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (B)(3) and (4) of this section.
3. Bypass Notification.
a. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least 10 days before the date of the bypass if possible.
b. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
4. Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
c. The industrial user submitted notices as required under subsection (B)(3) of this section.
i. The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (B)(4) of this section. (Ord. 2019-735 § 2 (Exh. 1)).
13.60.180 Penalty.
A. Any person that willfully or negligently violates any provision of this chapter, any orders, or wastewater discharge permits issued hereunder, or any other pretreatment requirement, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $500.00 per violation per day or imprisonment for not more than one year or both.
B. Any person that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $500.00 per violation per day or imprisonment for not more than one year. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
C. Any person that knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit or order, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $500.00 per violation per day or imprisonment for not more than one year or both.
D. In the event of a second conviction, a person shall be punished by a fine of not more than $2,000 per violation per day or imprisonment for not more than two years or both. (Ord. 2019-735 § 2 (Exh. 1)).