Any person violating any of the provisions of this Chapter shall be liable and responsible to the City for any and all costs, damages, expenses or losses incurred or suffered by the City by reason thereof.
The City Manager may discontinue or terminate sewer service to any premises occupied or owned by any person violating any of the provisions of this Chapter. Thereafter, no such discontinued or terminated service shall be re-established until such violation shall have been corrected or discontinued and all costs, damages, expenses and losses incurred or suffered by the City by reason of such violation, including all costs and expenses incurred in connection with such discontinuance or termination and re-establishment of service, have been paid.
Any violation of the provisions of this Chapter shall be a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year or by both such fine and imprisonment. Each day, or portion thereof, during which any such violation is committed, continued or permitted shall be a separate offense.
The maintenance and use of any sewer contrary to the provisions of this Chapter, or any violation of the provisions of this Chapter, shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the City Attorney shall, on order of the City Council, immediately commence an action or proceeding for the abatement, removal and enjoinment thereof in the manner provided by law.
The City may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial danger to the health or welfare of persons, to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES permit.
Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop further discharge. In the event of a failure of the person to comply with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection. The City shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days of the date of occurrence.
In addition to the provisions of SJBMC 5-9-1020, any user who violates the following provisions or applicable State and Federal regulations shall have his permit revoked in accordance with the procedures of this Chapter:
(A) 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(B) 
Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(C) 
Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring;
(D) 
Violation of conditions of the permit;
(E) 
Making a prohibited discharge (SJBMC 5-9-465 (Section 3.20)) or exceeding the limitations on wastewater strength (SJBMC 5-9-465 (Section 3.20)); or
(F) 
Failing to pay when due all sewer service charges.
Whenever the City finds that any user has violated or is violating this Chapter, its wastewater contribution permit, or any prohibition, limitation or requirement contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user.
The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
The City Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City to:
(A) 
Issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(B) 
Take the evidence;
(C) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
At any hearing held pursuant to this Chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate measures are taken to correct the violation(s). Further orders and directives as are necessary and appropriate may be issued.
(A) 
Public Nuisance. Discharge of wastewater in any manner in violation of this Chapter, or of any order issued by the City Manager as authorized by this Chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the City Manager. Any person creating a public nuisance shall be subject to provisions of City or State codes or ordinances governing such nuisance.
(B) 
Injunction. Whenever a discharge of wastewater is in violation of the provisions of this Chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the City may petition the Superior Court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge.
(C) 
Damage to Facilities. When a discharge of wastes causes an obstruction, damage, or any other impairment to City facilities, the City may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user’s charges and fees.
(D) 
Civil Penalties. Any person who violates any provision of this Chapter or permit condition, or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be liable for civil penalties imposed by the City against which the violation occurs. The Attorney of the City, upon order of the City’s governing body, shall petition the Superior Court to impose, assess, and recover such sums as may be applicable.
(E) 
Criminal Penalties. Any person who intentionally or negligently violates any provision of this Chapter or permit condition, or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard is guilty of a misdemeanor and shall be liable to penalties imposed by law.
The Attorney of the City, upon order of the City’s governing body, shall petition the Superior Court to impose, assess, and recover such sums as may be applicable.
(F) 
Falsifying of Information. Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the City or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter, shall be punished in accordance with the City codes or ordinances governing such falsifications. The Attorney of the City, upon order of the City’s governing body, shall petition the Superior Court to impose, assess, and recover such sums as may be applicable.
(G) 
Termination of Service. The City may revoke any wastewater discharge permit, or terminate or cause to be terminated water service to any premises, if a violation of any provision of this Chapter is found to exist or if a discharge of wastewater cause or threatens to cause a condition of contamination, pollution, or nuisance as defined in this Chapter. This provision is in addition to other statutes, rules, or regulations authorizing termination of service for delinquency in payment.