In accordance with the procedures prescribed by §§
259-24 and
259-25, the City may terminate the sewer service or, if applicable, revoke the discharge permit of any user which violates any condition or term of this chapter, any applicable state or federal law or regulation, or any of the following conditions:
A. Failure of the user to report factually the wastewater
constituents and characteristics of its discharge.
B. Tampering with sampling or flow measurement equipment
and/or analyses conducted by or at the direction of the City.
[Amended 11-19-2013 by Ord. No. 1973(7)]
If any user discharges any pollutant, wastewater, or waste into the City's sewerage system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the City or permit issued by the City, or violates any other provision of this chapter, City order, City permit, or federal or state law or regulation, the City Attorney may, in addition to the procedures prescribed by §§
259-24 and
259-25, commence an action for legal and/or equitable relief in the appropriate judicial forum. If initiated, this court action does not constitute any election of remedies by the City, and it may pursue any other remedies available to it at law or under this chapter.
[Amended 11-18-2003 by Ord. No. 1740(20); 11-19-2013 by Ord. No.
1973(7)]
Except as otherwise provided herein, and in
addition to any other legal remedies that may be available to the
City, any person who violates an order of the City or who violates
or fails to comply with any provision of this chapter, or any order,
rule, regulation, or permit issued under this chapter, may be subject
to a forfeiture of not more than $2,000 for each offense. Each day
on which a violation occurs or continues shall be deemed a separate
and distinct offense. In addition to the specified penalties, the
City may recover reasonable attorneys' fees, court costs, court reporters'
fees, and other expenses of litigation by appropriate suit at law
against the person found to have violated this chapter or an order,
rule, regulation, or permit issued under this chapter. In default
of payment of such forfeiture and costs, the violator may be imprisoned
for a period not to exceed 30 days.
[Amended 11-19-2013 by Ord. No. 1973(7)]
Any person violating any of the provisions of
this chapter, or who discharges or causes a discharge producing a
deposit or obstruction, or causes damage to or impairs the City's
sewerage system, shall be liable to the City for any expense (including,
but not limited to, reasonable actual attorneys' fees, engineering
fees, fees of any other consultants or experts, administrative costs,
City employee and equipment costs, and any independent contractor
costs), loss or damage caused by such violation or discharge. The
City shall bill such person for the costs incurred by the City for
any cleaning, repair or replacement work caused by the violation or
discharge. Refusal to pay the assessed costs shall constitute a violation
of this chapter.
No person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is a part of the City's sewerage
system. Any person violating this provision shall be subject to immediate
arrest under a charge of disorderly conduct or other applicable charge.
Any person who knowingly makes any false statements,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this chapter or a wastewater discharge permit or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device
or method required under this chapter shall, upon conviction, be subject
to a forfeiture of not more than $1,000 and costs and, in default
of payment, to imprisonment for not more than 30 days.