(a) 
Whenever the environmental officer has determined that any person has violated any provision of this article or a permit, or that such violation is continuing or reoccurring, he will investigate and respond to such instances of industrial user noncompliance in accordance with the enforcement response plan developed by the city in accordance with 40 CFR 403.8(f)(5). In addition to any other remedy provided for in this article, the environmental officer may issue a notice and order directing that such violation be corrected. Such notice and order shall state:
(1) 
The nature of the violation and the provisions of this article which have been violated.
(2) 
The corrective action that must be taken and the amount of time allowed to correct the violation.
(3) 
That the person receiving the notice or order may appeal to the environmental appeals committee by filing an appeal, in writing, with the environmental officer within five days of the service of the notice or order.
(4) 
That failure to comply with the notice or order and failure to file a timely appeal may result in termination of sewer and/or water service.
(b) 
Any notice and order issued under this article shall be in writing and served in person or by registered or certified mail on the user of the sewage system or other persons determined to be responsible for such violation.
(c) 
Any person may appeal the notice and order of the environmental officer by filing a written notice of appeal with the environmental officer on forms provided by the environmental officer. Such notice of appeal shall be filed within five days of service of the order.
(d) 
If no timely appeal is filed, the environmental officer may, if violation is continuing or reoccurring, terminate sewer and/or water service to the person ordered to correct or abate such violation if the violation has not been corrected within the time specified in the order.
(e) 
The city, after informal notice to the discharger, can immediately and effectively halt or prevent any discharge of pollutants and/or terminate water service when such action is necessary, in the opinion of the environmental officer, in order to stop an actual or threatened discharge which presents, or may present, an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference with the treatment processes, or causes the POTW to violate its NPDES permit.
(1993 Code, sec. 52.090; 2006 Code, sec. 82-341; Ordinance 336, sec. 18, adopted 6/1/92)
(a) 
Liability for expenses, losses, damage and cleanup; other remedies.
(1) 
In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment.
(2) 
Any person found to be guilty of violating provisions of this article shall become liable to the city for any expense, loss, or damage occasioned by the city for reason of appropriate cleanup and proper disposal of said waste materials. Additionally, an administrative fee up to one-half of assessed cleanup costs may be levied by the city against the guilty person.
(3) 
Additionally, the city is entitled to pursue all other criminal and civil remedies, including injunctive (judicial) relief, to which it is entitled under the authority of statutes and/or other ordinances and/or under applicable state and federal laws against a person continuing prohibited discharges or violating any other provision of this article.
(b) 
Violations as misdemeanor; fine.
Any person, operator, or owner who shall violate any provision of this article, or who shall fail to comply with any provision thereof, shall be guilty of a misdemeanor and, upon conviction, be subject to a fine not to exceed $2,000.00, and each day a violation exists shall constitute a separate offense and shall be punished accordingly.
(1993 Code, sec. 52.999; 2006 Code, sec. 82-342; Ordinance 336, sec. 36, adopted 6/1/92)