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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 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 <br /> addition to any other cause of action for personal injury or property damage <br /> 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 filed, <br /> or required to be maintained, pursuant to this ordinance, wastewater discharge <br /> permit, or order issued hereunder, or who falsifies, tampers with, or knowingly <br /> renders inaccurate any monitoring device or method required under this ordinance <br /> shall, upon conviction, be guilty of a gross misdemeanor, and punished by a fine of <br /> not more than $5,000 and/or one year in jail. Each day a violation occurs shall <br /> constitute a separate offense. <br /> In addition, the user shall he 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 <br /> amended governing false statements, representation, or <br /> certification; and <br /> 3) the provision of Section 309 (c) (6) of the Clean Water Act, <br /> regarding responsible corporate officers. <br /> 10.4 Remedies Non-exclusive <br /> The provisions in Sections 8 through 1 l 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. <br /> 45 <br />