(a)
The provisions of this chapter together with any standards, requirements, and procedures promulgated under authority of this chapter or otherwise made subject to enforcement under this chapter, and all terms and conditions of any permit, control mechanism, directive, or compliance order issued under authority of this chapter, are subject to enforcement pursuant to and under authority of this chapter. The control authority is authorized to exercise all powers and authority granted pursuant to this chapter, including by way of example and not limitation the power to issue compliance orders, corrective action notices, and notices of violation, assess monetary penalties, approve voluntary correction agreements, and develop, promulgate, revise, and implement policies and procedures governing enforcement actions under this chapter. The city manager is further empowered to delegate enforcement authority under this chapter to such persons as may be determined by the city manager. Any such power and authority authorized pursuant to this chapter is in addition to the power and authority granted pursuant to the Fircrest Municipal Code and any other applicable state or federal law or regulation.
(b)
Except as otherwise provided herein, the maximum monetary penalty that may be assessed for each violation per day or portion thereof, and each continuing day or portion thereof, shall not exceed $10,000. Monetary penalties shall be assessed in accordance with the most recent version of the environmental services enforcement response plan.
(c)
Compliance with the requirements of this chapter is mandatory except as may be otherwise provided in this chapter. Except as otherwise provided herein, any act or omission by a responsible person in noncompliance with any duty, requirement, or obligation set forth in this chapter, set forth in any standard, requirement, or procedure promulgated under authority of this chapter or otherwise made subject to enforcement under this chapter, or set forth in a term or condition of any permit, authorization, control mechanism, directive, or compliance order issued under authority of this chapter, shall constitute a violation of this chapter and is subject to enforcement by the control authority.
(d)
Violations of this chapter may include, by way of example, but are not limited to the following acts or omissions:
(1)
Failure to accurately report the wastewater constituents and characteristics of a discharge;
(2)
Failure to submit any report or notices required by this chapter;
(3)
Failure to report known or reasonably anticipated changes in wastewater constituents or characteristics, including increased flows, prior to the changed discharge;
(4)
Misrepresenting or intentionally failing to disclose all relevant facts in an industrial wastewater discharge permit application, report, or other submittal required under this chapter;
(5)
Falsifying self-monitoring reports;
(6)
Tampering with monitoring equipment;
(7)
Unreasonably withholding consent for access by authorized control authority representatives to conduct a compliance inspection and other activities described in this chapter;
(8)
Violating any applicable pretreatment standard, pretreatment requirement, or local limit; and
(9)
Violating any provision of this chapter, including the terms of a permit, order, authorization or other control mechanism issued under the authority of this chapter.
(e)
Policies and procedures governing enforcement of violations of this chapter and assessment of monetary penalties are set forth in the enforcement response plan, a copy of which shall be on file with the city and made available to the public.
(f)
Any responsible person who willfully violates any provision of this chapter, or any permit, order, control mechanism, or other written authorization or directive issued by the control authority thereunder shall, upon conviction, be guilty of a gross misdemeanor punishable by a fine of not more than $10,000, or by imprisonment in jail for up to 365 days, or both. Each day upon which a willful violation of this chapter, or any permit, order, control mechanism or other written authorization or directive issued by the city thereunder, occurs may be deemed a separate and additional violation.
(g)
Any person who knowingly and falsely makes, completes, or alters a written instrument required to be submitted to the control authority pursuant to this chapter, or requirement or procedure promulgated under this chapter, or a term or condition of any permit, control mechanism, directive, or compliance order issued under authority of this chapter, shall be guilty of a gross misdemeanor and subject to a fine of not more than $5,000 or by imprisonment in jail for up to 365 days, or both. Proof of intent to defraud or injure is not required.
(h)
Persons, whether inside or outside the city, that discharge substances in violation of this chapter to the municipal wastewater system, including but not limited to persons that cause pass through or interference, shall be liable to pay any supplemental fees the control authority incurs to respond to such violation in accordance with the liability for supplemental fees section set forth in subsection (m) of this section and FMC § 20.30.1250.
(i)
Joint and Several Responsibility and Liability. Responsibility for violations subject to enforcement under this chapter is joint and several, and the city is not prohibited from taking action against a person where other persons may also be potentially responsible persons, nor is the city required to take action against all potentially responsible persons.
(j)
Presumption. Except as may be otherwise provided by law, proof that a violation exists or existed on privately owned (nongovernmental) property shall constitute prima facie evidence that each owner of the property is a responsible person. However, this presumption shall not relieve or prevent enforcement against any other person who may also be a responsible person.
(k)
Prohibited Acts Include Causing and Permitting. Whenever any act or omission constitutes a violation, such act or omission includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(l)
Separate and Continuing Offense. Every act or omission which constitutes a violation shall constitute a separate violation for each and every day during any portion of which the act or omission constituting the violation is committed, continued, allowed, abetted, suffered, or permitted. A violation continues to exist until abated, corrected, or remedied.
(m)
Liability for Supplemental Fees. Persons, whether inside or outside the city, that discharge substances in violation of this chapter to the POTW, including but not limited to persons that cause pass through or interference, shall be liable to pay any supplemental fees the control authority incurs to respond to such violation. Liability for supplemental fees under this section shall also apply to any person responsible for discharging a substance in violation of this chapter to the POTW, regardless whether they own the property from which the prohibited discharge originates. Assessment of supplemental fees shall be in addition to:
(1)
Any enforcement action to address a violation of this chapter;
(2)
Any cost recovery remedy available to the control authority under state and federal environmental laws and regulations; and
(3)
Any other remedy available at law or in equity to address a violation of this chapter.
Any supplemental fees assessed shall become due and payable to the control authority within 30 days of receipt of such assessment. If supplemental fees are appealed and affirmed in whole or in part, such fees shall become due and payable within 30 calendar days of receipt of a final decision by the hearing examiner or a court. The control authority may pursue collection of nonpayment of supplemental fees by any lawful means authorized, including referral to a collection agency.
(Ord. 1685 § 3 (Exh. A), 2022)