Any person violating any provision of this chapter
shall be liable to the City for any and all losses, damages and expenses,
including but not limited to materials, labor, services, consulting
services, legal services and supervision incurred by the City or for
which the City may be held liable as a result of said violation. The
expenses shall include but not be limited to the determination of
the source of the violation and, if necessary, the restorations of
the City wastewater treatment system to its original operating condition,
which shall include but not be limited to sewer cleaning, and reconnection
of sewer service following a determined necessary physical severance
of such sewer.
Penalties and other enforcement vehicles used by the Control Authority shall be administered through the City of Batavia Enforcement Response Plan as deferred to by Article XI, § 147-60 of this chapter. As stated in the ERP, the City maintains the right to seek fines of up to $1,000 a day for each violation that the ERP notes as being liable to civil action.
[Amended 6-25-2001 by L.L. No. 1-2001]
Any person who knowingly makes any false statement,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this chapter or BPDES permit, 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 or by imprisonment for not more than one year,
or by both.
