§ 56-144. Violations; penalties and costs.

(a)

Civil penalties. Any user who is found to have violated an order of the city commission or who willfully or negligently failed to comply with any provision of this division, and the orders, rules, regulations and permits issued hereunder, shall be fined not less than $100.00 nor more than the maximum daily fine allowable by the state for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this division or the orders, rules, regulations, and permits issued hereunder.

(b)

Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this division, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both.

(c)

Recovery of costs incurred by the city. Any discharger violating any of the provisions of this division or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the city's wastewater disposal system, shall be liable to the authority for any expense, loss or damage caused by such violation or discharge. If the discharger shall neglect or refuse to pay the assessed costs, the city may commence legal proceedings to recover said costs, together with costs and attorney fees as allowed by law. Such action shall be in addition to any other penalties or remedies provided in this division.

(d)

Affirmative defense. A user shall have an affirmative defense in any action brought against it alleging a violation of the regulations established in section 2 under certain conditions outlined in 40 CFR 403.5(a)(2).

(Code 1984, § 30-123; Ord. No. 482, §§ 6.1—6.3, 1-22-1985; Ord. No. 546, §§ 25, 26, 12-22-1992)