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30 <br /> <br />7.3 Criminal Prosecution <br /> <br />A. A user who violates any provision of this ordinance, a wastewater discharge permit, <br />or order issued hereunder, or any other pretreatment standard or requirement shall, <br />upon conviction, be guilty of a gross misdemeanor, punishable by a fine of not more <br />than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a <br />separate offense. <br />B. A user who introduces any substance into the POTW which causes personal injury <br />or property damage shall, upon conviction, be guilty of a gross misdemeanor and <br />be subject to a penalty of not more than $5,000 and/or one year in jail. Each day a <br />violation occurs shall constitute a separate offense. This penalty shall be in addition <br />to any other cause of action for personal injury or property damage available under <br />State law. <br />C. A user who knowingly makes any false statements, representations, or certifications <br />in any application, record, report, plan, or other documentation filed, or required to <br />be maintained, pursuant to this ordinance, wastewater discharge permit, or order <br />issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate <br />any monitoring device or method required under this ordinance shall, upon <br />conviction, be guilty of a gross misdemeanor, and punished by a fine of not more <br />than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a <br />separate offense. <br />In addition, the user shall be subject to: <br />1) the provisions of 18 USC Section 1001 relating to fraud and false <br />statements; <br />2) the provisions of Sections 309 (c) 4 of the Clean Water Act, as amended <br />governing false statements, representation, or certification; and <br />3) the provision of Section 309 (c) (6) of the Clean Water Act, regarding <br />responsible corporate officers. <br />7.4 Remedies Non-exclusive <br /> <br /> The provisions in Sections 6 through 9 of this ordinance are not exclusive remedies. The <br />City reserves the right to take any, all, or any combination of these actions against a non- <br />compliant user. Enforcement of pretreatment violations will generally be in accordance <br />with the City's enforcement response plan. However, the City reserves the right to take <br />other action against any user when the circumstances warrant. Further, the City is <br />empowered to take more than one enforcement action against any non-compliant user. <br />These actions may be taken concurrently.