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Ordinance 2000-1348
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Ordinance 2000-1348
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Last modified
3/12/2021 10:55:01 AM
Creation date
2/1/2017 11:40:19 AM
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City Council Records
Also Known As (aka)
Adopts New Municipal Code
Doc Type
Ordinance
Signed Date
11/8/2000
Ord/Res - Year
2000
Ord/Res - Number
1348
Original Hardcopy Storage
7E3
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ORD 2000-1348
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service charges. Unpaid charges, fines and penalties shall constitute a lien against the <br />individual user's property. Any industrial user which disputes such administrative <br />penalty must file, within ten days of being notified of the penalty, a request with the <br />public works director for reconsideration of the penalty The public works director <br />shall schedule and hold a hearing on the matter within 15 days of receiving the <br />request from the industrial user. <br />Sec. 13.32.150. Penalties and remedies. <br />In addition to any other penalties and remedies of the city, the following shall be <br />applicable: <br />A Civil penalties Any industrial user who has violated or continues to violate <br />this or any order or permit issued under this chapter, shall be liable to the director of <br />public works for a civil penalty of not more than $1,000.00 per day per violation for <br />as long as the violation continues. In addition to the above described penalty and <br />damages, the director of public works may recover reasonable attorney's fees, court <br />costs, and other expenses associated with the enforcement activities, including <br />sampling and monitoring expenses. The director of public works shall petition the <br />court to impose, assess, and recover such sums. In determining amount of liability, <br />the court shall take into account all relevant circumstances, including, but not limited <br />to, the extent of harm caused by the violation, the magnitude and duration, any <br />economic benefit gained through the industrial user's violation, corrective actions by <br />the industrial user, the compliance history of the user, and any other factor as justice <br />requires. <br />C. Criminal penalties. No person shall dispose of harmful wastes or wastewater <br />or use the city's sanitary sewers or POTW or cause the disposal of harmful waste or <br />wastewater to be done contrary to or in violation of any provisions of this chapter. <br />Any person violating any of the provisions of this chapter or any permit issued <br />hereunder shall be deemed guilty of a separate offense for each and every day or <br />portion thereof during which any such violation shall be punished by a fine not <br />exceeding $1,000.00 per violation, or by imprisonment not exceeding 90 days per <br />violation, or by both such fine and imprisonment. Such penalties shall be in addition <br />to any administrative remedies or such other liabilities provided for in this chapter. <br />E Civil fine pass-through In the event that a user discharges such pollutants <br />which cause the POTW to violate any condition of its NPDES permit and if the city <br />is fined by the EPA or the state for such violation, such user shall be fully liable for <br />the total amount of the fine assessed against the city, by the EPA or the state. <br />F. Falsifying information and tampering No person shall knowingly make any <br />false statement, representation, or certification in any application, record, report, plan <br />or other document filed or required to be maintained pursuant to the terms of this <br />chapter or wastewater discharge permit, or who falsifies, tampers with or knowingly <br />renders inaccurate any monitoring device or method required here shall, upon <br />conviction, be punished by a fine not exceeding $1,000.00 per violation, or by <br />
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