BC 2013 08 19 Regular Meeting - Laserfiche WebLink

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August 19, 2013 (Regular Meeting) Page 1706 5. Failure to submit any required report. Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under Section 8.1 of this ordinance why the proposed action should not be taken. 8.2 Civil Penalties (a) Any user who is found to have failed to comply with ordinance, or the orders, rules, regulations hereunder, may be assessed a civil penalty of f4 thousand dollars ($25,000) per day per violation. violation shall occur or continue shall be deemed a offense. any provision of this and . permits issued n up to twenty -five Each day on which a separate and distinct (ii) Penalties between $10,000 and $25,000 per day per violation may be assessed against a violator only if: (1)for any class of violation, only if a civil penalty has been imposed against the violator within five years preceding the violation, or (2)in the case of failure to file, submit, or make available as the case may be, any documents, data, or reports required by this ordinance, or the orders, rules, regulations and permit issued hereunder, only if the Executive Director determines that the violation was intentional and a civil penalty has been imposed against the violator with the five years preceding the violation. (b) In addition to civil penalties, WSACC may recover from the responsible user the cost of repairing any damage to the POTW resulting from the user's violation. (c) In determining the amount of the civil penalty, WSACC shall take into account all relevant circumstances, including, but not limited to: (i) The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation; (ii) The duration and gravity of the violation; (iii) The effect on ground or surface water quantity or quality or on air quality; (iv) The cost of rectifying the damage; (v) The amount of money saved by noncompliance; (vi) Whether the violation was committed willfully or intentionally; (vii) The prior record of the violator in complying or failing to comply with the pretreatment program; (viii)The costs of enforcement to WSACC. (d) The assessment of civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (e) Appeals of civil penalties assessed in accordance with this section shall be provided in Section 10 4.3 (f) (f) Such assessments may be added to the user's next scheduled sewer service charges and /or surcharges, and WSACC shall have such remedies for collection of such assessments as it has for collection of other charges.