(A) (1) When the Utility Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Utility Superintendent may fine the user in an amount not to exceed $25,000, as provided by the Federal Clean Water Act, 33 USC 1365.
(2) The fine shall be assessed on a per violation, per day basis.
(3) In the case of violations of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
(B) Unpaid charges, fines and penalties shall, after 60 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1.8% per month. A lien against the user's property will be sought for unpaid charges, fines and penalties.
(C) (1) Users desiring to dispute the fines must file a written request for the Wastewater Utility Superintendent to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine.
(2) Where a request has a merit, the Wastewater Utility Superintendent may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Wastewater Utility Superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
