§ 34-117. Municipal civil infraction.

A person who violates any provision of this division is responsible for a municipal civil infraction unless the violation type is listed in this division as a misdemeanor. Civil infractions are subject to a payment of a civil fine, as limited by law, in accordance with the schedule of fines listed in this section, plus costs and other sanctions, for each infraction. Recurring offenses shall be subject to increased fines as provided in the schedule of fines as follows:

Schedule of Fines
Violation Type	Nature of Violation	Sections	First Offense Fine	Second Offense Fine	Third Offense Fine	Period for Recurring Offense
Violation Type	Nature of Violation	Sections	First Offense Fine	Second Offense Fine	Third Offense Fine	Period for Recurring Offense
				See Note 1
General	Sewage system tampered with or damaged	34-97	$100.00	$250.00	$500.00	1 year
	Unlawful disposal of waste	34-99	500.00	N/A	N/A	N/A
	Discharge into storm drain or natural drain	34-100	500.00	N/A	N/A	N/A
	Failure to connect to public sewer	34-76	100.00	N/A	N/A	N/A
	Unsanitary conditions exist	34-101	100.00	250.00	500.00	1 year
Private Sewage Disposal Systems	Failure to obtain private sewage system permit	34-75, 34-78	100.00	250.00	500.00	N/A
	Failure to operate private disposal system in a sanitary manner	34-93	100.00	250.00	500.00	1 year
	Discharge of prohibited waste	34-94	100.00	250.00	500.00	1 year
Building Sewers and Connections	Failure to obtain sanitary sewer connection permit	34-82	100.00	250.00	500.00	1 year
	Opening or connecting with public sewer without permission	34-82	100.00	250.00	500.00	1 year
	Failure to install interceptor device	34-95	100.00	N/A	N/A	N/A
	Discharge of wastes not containing sewage	34-92, 34-148(a)(3)	200.00	500.00	1,000.00	1 year
	Failure to disconnect roof drain, footing drain or storm water/groundwater discharge after notification	34-92, 14-148(a)(3)	500.00	N/A	N/A	N/A
	Failure to have building sewer connection inspected	34-89	100.00	250.00	500.00	1 year

 

Schedule of Fines
Violation Type	Nature of Violation	Sections	Isolated	Recurring	Significant	Period for Recurring Offense
		See Notes 1 and 2
Pretreatment Discharge Violation	Unpermitted discharge; no permit was obtained	34-88	500.00	1,000.00	2,000.00	1 year
	Any discharge that causes pass-through or interference (See Note 4)	34-148(a)(2)	N/A	N/A	1,000.00	1 year
	Any discharge that causes pass-through or interference (second time) (See Note 4)	34-148(a)(2)	N/A	N/A	2,000.00	1 year
	Any discharge that causes pass-through or interference (third or more time) (See Note 4)	34-148(a)(2)	N/A	N/A	5,000.00	1 year
	Any discharge that endangers human health or the environment or has caused the POTW to exercise its emergency authority	34-148	N/A	N/A	10,000.00	1 year
	Failure to meet compliance date by 30 days		0.00	N/A	N/A	1 year
	Failure to meet compliance date by 60 days		250.00	N/A	N/A	1 year
	Failure to meet compliance date by 90 days		N/A	N/A	500.00	1 year
	Failure to accurately report noncompliance (first time)	34-154	N/A	N/A	0.00	1 year
	Failure to accurately report noncompliance (second time)	34-154	N/A	N/A	500.00	1 year
	Failure to accurately report noncompliance (third time)	34-154	N/A	N/A	1,000.00	1 year
	Failure to properly operate and maintain pretreatment facility	34-151	0.00	500.00	1,000.00	1 year
	Wastestream is diluted in lieu of treatment	34-152	500.00	1,000.00	2,000.00	1 year
	Discharge of waste that causes obstruction	34-148	0.00	100.00	500.00	1 year
Pretreatment Recordkeeping	Failure to develop spill prevention and slug control plans	34-153	100.00	0.00	0.00	N/A
	Copies of records denied	34-156	0.00	500.00	1,000.00	1 year
Pretreatment Reporting Violation	Failure to provide reports within 30 days	Subdivision V	N/A	N/A	500.00	1 year
	Failure to report spill or changed discharge (No harm)	34-154	0.00	500.00	1,000.00	1 year
	Failure to report spill or changed discharge (Harm)	34-154	500.00	1,000.00	2,000.00	1 year
	Incomplete or missing records or reports	34-156	0.00	0.00	500.00	N/A
	Failure to report additional monitoring	34.214.4(d)	0.00	100.00	500.00	1 year
	Failure to notify of bypass	34-192	100.00	500.00	1,000.00	1 year
Pretreatment Monitoring Violation	Failure to monitor all pollutants according to permit	34-Permit	0.00	100.00	500.00	1 year
	Failure to install monitoring equipment	34-191	0.00	100.00	500.00	1 year
	Sampling at incorrect location	34.214.2	0.00	100.00	500.00	N/A
	Sampling using incorrect sampling type	34.214.2	0.00	100.00	500.00	N/A
	Sampling using incorrect sampling collection techniques	34.214.2	0.00	100.00	500.00	N/A
	Failure to follow proper analytical requirements	34-157	0.00	100.00	500.00	1 year
Other Pretreatment Violations	Failure to post POTW phone number in facility	34-155	0.00	100.00	500.00	1 year
	Failure to train employees in emergency notification procedure	34-155	0.00	100.00	500.00	1 year
	Entry for site visit denied or consent withdrawn	34-159	0.00	500.00	1,000.00	1 year
	Failure to meet compliance deadlines for existing or new source	34-160	500.00	1,000.00	2,000.00	1 year
Other	Any other violation of chapter 6, division 2		100.00	250.00	500.00	N/A

 

Schedule of Fines
Violation Type	Nature of Violation	Sections	Isolated	Significant	Period for Recurring Offense
		See Notes 1 and 2
Pretreatment Discharge Violation	Violation of discharge limit	34-148	0.00	500.00	1 year
	Violation of applicable Technical Review Criteria (TRC) (See Note 3)	34-148	0.00	1,000.00	1 year

 

Note 1: N/A means the offense accumulation time is not applicable or each offense is considered to be a separate and new offense or each is considered to be significant.

Note 2: Notwithstanding civil penalty amounts delivered on this schedule, any violation delineated shall be subject to a civil penalty of not less than $1,000.00 per day depending upon additional facts and circumstances existing at the time of the violations pursuant to section 34-120(b).

Note 3: TRC = 140 percent for BOD, TSS, fats, oil and grease, and 120 percent for all other pollutants except pH which has no TRC.

Note 4: All mercury violations will be handled as outlined in the control authority's enforcement response plan (ERP).

(Ord. No. 330, § 1(14-86.2), 9-19-1996; Ord. No. 514, § 2, 8-20-2009; Ord. No. 585, § 1, 6-21-2018)