Whenever a user 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 Supervisor may petition the Fourth Judicial District
Court through the City of Las Vegas' Attorney for the issuance
of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the wastewater discharge permit,
order, or other requirement imposed by this chapter on activities
of the industrial user. In addition, the City of Las Vegas may recover
reasonable attorneys' fees, court costs, and other expenses of litigation
by appropriate legal action against the user found to have violated
any provision herein, or any other rules, regulations, permits, or
agreements issued herein. Such other action as appropriate for legal
and/or equitable relief may also be sought by the City of Las Vegas.
A petition for injunctive relief need not be filed as a prerequisite
to taking any other action against a user.
In the event that an industrial user discharges such pollutants
which cause the City of Las Vegas to violate any conditions of its
NPDES permit and the City of Las Vegas is fined by EPA for such violations,
then such industrial users shall be fully liable for the total amount
of the fines and civil penalties assessed against the City of Las
Vegas by EPA or the State of New Mexico and administrative costs incurred.
A.
A user who willfully or negligently violates any provision of this
chapter, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement shall,
upon conviction, be guilty of a misdemeanor punishable by a fine of
not more than $1,000 per violation, per day, or imprisonment for not
more than 90 days per violation, or both.
B.
A user who willfully or negligently introduces any substance into
the POTW which causes personal injury of property damage shall, upon
conviction, be guilty of a misdemeanor and be subject to a penalty
of at least $1,000 or be subject to imprisonment for not more than
90 days per violation, or both. This penalty shall be in addition
to any other action for personal injury or property damage available
under state or local law.
C.
A user who 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, individual wastewater discharge permit or order issued hereunder,
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 $1,000 per violation,
per day, or imprisonment for not more than 90 days per violation,
or both.
D.
In the event of a second conviction, a user shall be punished by
a fine of not more than $1,000 per violation, per day, or imprisonment
for not more than 90 days per violation, or both.
The City of Las Vegas can first refer to the Fourth Judicial
District Attorney criminal violations of any pretreatment standards
or permit conditions. Should the Fourth Judicial District Attorney
decline, the criminal violations of any pretreatment standards or
permit conditions shall be referred to the State Attorney General.
Should the State Attorney General decline, the U.S. EPA will be requested
to initiate appropriate criminal action through the U.S. Attorney
General's Office. The City of Las Vegas will assist the three
judicial agencies any way it can with appropriate support for the
action taken.
The provisions in Articles IX through XII are not exclusive remedies. The City of Las Vegas 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 of Las Vegas' enforcement response plan. However, the City of Las Vegas reserves the right to take other action against any user when the circumstances warrant. Further, the City of Las Vegas is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
