Laserfiche WebLink
10.3 Criminal Prosecution <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, punishable <br /> by a fine of not more than $5,000 and/or one year in jail. Each day a violation <br /> occurs shall constitute a separate offense. <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 $5,000 and/or one year <br /> 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 /> 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 who 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 $5,000 and/or one year in jail. Each day a <br /> violation occurs shall constitute a 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 /> 10.4 Remedies Non-exclusive <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 <br /> City is empowered to take more than one enforcement action against any non-compliant <br /> user. These actions may be taken concurrently. <br /> 56 <br />