Laserfiche WebLink
these fees as it has to collect other sewer service charges. <br />(2) Civil nenalties. <br />A. Any industrial user who has violated or continues to violate this <br />chapter or any order or permit issued hereunder, shall be liable to <br />the Superintendent for a civil penalty of not more <br />(3) <br />B. <br />than ten thousand dollars ($10,000) but at <br />least one thousand dollars ($1,000), plus actual damages incurred <br />by the POTW per violation per day for as long as the violation <br />continues. In addition to the above described penalty and <br />damages, the Superintendent may recover reasonable attorney's <br />fees, court costs and other expenses associated with the <br />enforcement activities, including sampling and monitoring <br />expenses. <br />B. The Superintendent shall permit the Court to impose, assess and <br />recover such sums. In determining amount of liability, the Court <br />shall take into account all relevant circumstances, including, but <br />not limited to, the extent of harm caused by the violation, the <br />magnitude and duration, any economic benefit gained through the <br />industrial user's violation, corrective actions by the industrial user, <br />the compliance history of the user and any other factor as justice <br />requires. <br />Criminal prosecution <br />A. Violations - generally. <br />1• Any industrial user who willfully or negligently <br />violates any provision of this chapter or any <br />order or permits issued hereunder shall be <br />punished by a fine not to exceed one thousand <br />dollars ($1,000) per violation per day or <br />imprisonment for not more than one year or <br />both. <br />2• In the event of a second conviction, the user shall <br />be punished by a fine not to exceed three <br />thousand dollars ($3,000) per violation per day <br />or imprisonment for not more than three years or <br />both. <br />Falsifying information. <br />1• Any industrial user who knowingly makes any <br />false statements, representations or certifications <br />in any application, record, report, plan or other <br />document filed or required to be maintained <br />pursuant to this chapter, or wastewater permit, or <br />who falsifies, tampers with or knowingly renders <br />inaccurate any monitoring device or method <br />required under this chapter shall be punished by <br />a fine of not more than one thousand dollars <br />($1,000) per violation per day or imprisonment <br />for not more than one year or both. <br />2• In the event of a second conviction, the user shall <br />be punished by a fine not exceeding three <br />thousand dollars ($3,000) per violation per day <br />or imprisonment for not more than three years or <br />both.