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Ordinance 4031-24
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Ordinance 4031-24
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5/28/2024 9:23:54 AM
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Ordinances
Ordinance Number
4031-24
Date
5/22/2024
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64 <br /> <br />10.3 Criminal Prosecution <br /> <br />A. A user who violates any provision of this ordinance, a wastewater discharge <br />permit, or order issued hereunder, or any other pretreatment standard or <br />requirement shall, upon conviction, be guilty of a gross misdemeanor, <br />punishable by a fine of not more than $10,000 and/or one year in jail. Each d ay a <br />violation occurs shall constitute a separate offense. <br /> <br />B. A user who introduces any substance into the POTW which causes personal <br />injury or property damage shall, upon conviction, be guilty of a gross <br />misdemeanor and be subject to a penalty of not more than $10,000 and/or one <br />year in jail. Each day a violation occurs shall constitute a separate offense. This <br />penalty shall be in addition to any other cause of action for personal injury or <br />property damage available under State law. <br /> <br />C. A user who knowingly makes any false statements, representations, or <br />certifications in any application, record, report, plan, or other documentation <br />filed, or required to be maintained, pursuant to this ordinance, wastewater <br />discharge permit, or order issued hereunder, or w ho falsifies, tampers with, or <br />knowingly renders inaccurate any monitoring device or method required under <br />this ordinance shall, upon conviction, be guilty of a gross misdemeanor, and <br />punished by a fine of not more than $10,000 and/or one year in jail. Eac h day a <br />violation occurs shall constitute a separate offense. <br /> <br /> In addition, the user shall be subject to: <br /> <br />(1) the provisions of 18 USC Section 1001 relating to fraud and false <br />statements; <br /> <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 /> <br />(3) the provision of Section 309 (c) (6) of the Clean Water Act, regarding <br />responsible corporate officers. <br /> <br />10.4 Remedies Non-Exclusive <br /> <br /> The provisions in Sections 8 through 11 of this ordinance are not exclusive remedies. <br />The City reserves the right to take any, all, or any combination of these actions against a <br />non-compliant user. Enforcement of pretreatment violations will generally be in <br />accordance with the City's enforcement response plan. However, the City reserves the <br />right to take other action against any user when the circumstances warrant. Further, the
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