A. When the Director finds that a User has violated, or continues to violate, any provision of this Ordinance, a wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or requirement, the Director may fine such User in an amount not to exceed ten thousand dollars ($10,000). Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines may be assessed for each day during the period of violation.

B. The Director may add the costs of any emergency response, additional monitoring, investigation, and administrative costs related to the noncompliance and the Director’s response to the situation to the amount of the fine.

C. The Director will consider the economic benefit enjoyed by a User as a result of the noncompliance in cases where there appears to have been a monetary benefit from not complying. In such cases, the Director shall ensure that fines, to the maximum amounts allowable, exceed the benefit to the User from the noncompliance.

D. Unpaid charges, fines, and penalties shall, at thirty (30) days past the due date, be assessed an additional penalty at a rate established by the City, and interest shall accrue thereafter at a rate established by the City. After thirty (30) days the City shall be authorized to file a lien against the User’s property for unpaid charges, fines, and penalties.

E. Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within fifteen (15) working days of being notified of the fine. Where a request has merit, the Director may convene a hearing on the matter. In the event the User’s appeal is successful, the Director shall rebate the difference between the initial and final penalty amounts to the User.

F. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User. (Ord. M-3970 §2, 2010)