If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to this article or any order or permit issued under this article, the control authority, through the city attorney, may commence an action for appropriate legal and/or equitable relief in the municipal court for the city.
(1966 Code, sec. 32-133; 2001 Code, sec. 106-661; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
When the control authority finds that a user has violated or continues to violate any section of this article, a wastewater discharge permit, or order issued under this article or any other pretreatment standard or requirement, the control authority may petition the courts through the city attorney for the issuance of a temporary, preliminary, and/or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The control authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against or a prerequisite of taking any other action against a user. The control authority shall have such remedies to collect these fees as it has to collect other sewer service charges.
(1966 Code, sec. 32-133(1); 2001 Code, sec. 106-662; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
A user who has violated or continues to violate any section of this article, a wastewater discharge permit, or order issued under this article or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $2,000.00 per violation per day plus actual damages incurred by the publicly owned treatment works. For a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation.
(b) 
The control authority may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(c) 
In determining the amount of civil liability, the court shall take into account all relevant circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(d) 
Filing a suit for civil penalties shall not be a bar against or a prerequisite for taking any other action against a user.
(1966 Code, sec. 32-133(2); 2001 Code, sec. 106-663; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
For the purpose of this article, the city shall enact all criminal authorities authorized under state law.
(b) 
Any user that willfully or negligently violates any section of this article, any orders or wastewater discharge permits issued under this article or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $2,000.00 per violation, per day as provided in section 106-632.
(c) 
Any user that 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 article, the wastewater discharge permit or an order or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine per violation.
(d) 
The purpose of criminal prosecution is to punish noncompliance through court proceedings and to deter future noncompliance. The city will enforce compliance with all ordinances in municipal court and will seek the assistance of the district attorney and/or the U.S. Attorney’s office to enforce state statutes and federal laws.
(1966 Code, sec. 32-133(3); 2001 Code, sec. 106-664; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
The remedies provided for in this article are not exclusive. The control authority may take any, all, or any combination of the actions in this subdivision against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the control authority may take other action against any user when the circumstances warrant. Further, the control authority is empowered to take more than one enforcement action against any noncompliant user.
(1966 Code, sec. 32-133(4); 2001 Code, sec. 106-665; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)