§ 30-3. Violations and penalties.

(a)

Injunctive relief. If any person violates the provisions of this chapter or regulations, orders, permits or other legal requirements of the unified government, the chief counsel may commence an action for legal or equitable relief in any court with appropriate jurisdiction.

(b)

Civil penalties. When the director determines that a user has failed to comply with any provisions of this chapter or regulations, orders, permits or other legal requirements hereunder, the user shall be subject to a penalty not exceeding $1,000.00 per violation, with recurrence on any succeeding day being a separate violation. Such civil penalties shall be recovered by the director by civil action in a court of appropriate jurisdiction. In addition to the civil penalties provided herein, the unified government may in any such action recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation, as well as any damages to the facilities of the unified government or to the environment against the person found to have violated this chapter or the regulations, orders, permits or other legal requirements hereunder.

(c)

Criminal penalties. Unless otherwise stated, any person violating any provisions of this chapter or regulations, orders, permits or other legal requirements hereunder wherein (1) such violation is an intentional violation, (2) such violation is a violation with any identifiable environmental harm, personal injury or damage to public or personal property, (3) any person knowingly has made any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a permit issued hereunder, or who has falsified, tampered with or knowingly rendered inaccurate any monitoring device or method, and (4) any person has committed within a period of two years a second or additional violation of the same or comparable regulatory requirement shall upon conviction be guilty of a class A violation.

(d)

Publication of list of violators. The unified government shall semiannually publish, in the official newspaper a list of the industrial users which, during the previous six calendar months, were in significant noncompliance as defined in this section.

(e)

Administrative penalties and orders. Any person violating any provisions of this chapter or regulations, orders, permits or other legal requirements hereunder shall be subject to the imposition of administrative penalties as further provided herein, which administrative penalties shall not exceed $1,000.00 per violation except with the consent of the person charged, with recurrence on any succeeding day being a separate violation. The county administrator shall have the authority to impose administrative penalties after notice and an opportunity to be heard. The county administrator shall further have the authority to issue administrative orders in response to violations of the pretreatment standards after, except in emergency conditions, notice and an opportunity to be heard. Any such administrative order may require immediate compliance or compliance on a schedule defined therein, interim steps prior to full compliance, cessation of discharge, reporting, and correction and mitigation of environmental or other conditions caused by the violation. In the event of any emergency condition in which the county administrator finds it necessary to issue an administrative order prior to notice and an opportunity to be heard, notice and an opportunity to be heard shall be provided as soon as practicable.

(f)

Notice of violation . Whenever the director finds that any user has violated or is violating this chapter or regulations, orders, permits or other legal requirements hereunder, the director may serve upon such user a written notice stating the nature of the violation and require that within 30 days of the date of the notice, or within such shorter period that the director finds necessary, the user shall submit in writing, to the director, a plan for the correction of the conditions that caused the noncompliance.

(Code 1988, § 30-3; Ord. No. O-46-05, § 1, 6-2-2005; Ord. No. O-27-14, § 3, 4-10-2014)