§ 133.

PENALTIES

a.

Criminal Penalties.

1.

Except as provided in Subsection (a)(2) of this Section, any person who violates any provision of this Article is guilty of a misdemeanor and upon conviction shall be fined in an amount not exceeding $1,000 or be imprisoned in County Jail for not more than six months, or both. Each day each violation is committed or permitted to continue shall constitute a separate offense.

2.

Any person who violates Section 123(e), Section 123(f), or Section 123(h) of this Article shall be guilty of:

A.

A misdemeanor in accordance with Subsection (a)(1) of this Section; or

B.

An infraction punishable by a fine in an amount not in excess of $500. Each day each violation is committed or permitted to continue shall constitute a separate offense.

3.

Falsifying of Information. Any person who knowingly makes any false statement or misrepresentation in any record, report plan, or other document filed with the General Manager, or tampers with or knowingly renders inaccurate any monitoring device or sampling and analysis method required under this Article, shall be punished by a fine of not more than $25,000 or by imprisonment in County Jail for not more than six months, or both.

b.

Civil Penalties.

1.

Any person who, without regard to intent or negligence, causes or permits any discharge of wastewater or hazardous waste, as defined in Title 22, California Code of Regulations and its amendments, into the City’s sewerage system, except in accordance with all permit requirements and other provisions of this Article; violates any provision of a cease and desist order or cleanup and abatement order issued by the General Manager; or violates any requirement or prohibition of this Article, shall be liable civilly to the City in an amount not to exceed $10,000 per day for each violation that occurs.

2.

Any person who intentionally or negligently causes or permits any discharge of wastewater or hazardous waste, as defined in Title 22, California Code of Regulations, into the City’s sewerage system, except in accordance with all permit requirements and other provisions of this Article; violates any provision of a cease and desist order or cleanup and abatement order issued by the General Manager; or violates any requirement or prohibition of this Article, shall be liable civilly to the City in an amount not to exceed $25,000 per day for each violation that occurs.

c.

Administrative Civil Penalties.

1.

Notwithstanding Subsection (b), any person who, without regard to intent or negligence, causes or permits any discharge of wastewater or hazardous waste, as defined in Title 22, California Code of Regulations and its amendments, into the City’s sewerage system, except in accordance with all permit requirements and other provisions of this Article; violates any provision of a cease and desist order or cleanup and abatement order issued by the General Manager; or violates any requirement or prohibition of this Article, shall be liable civilly to the City in an amount not to exceed $1,000 per day for each violation that occurs.

2.

Notwithstanding Subsection (b), any person who intentionally or negligently causes or permits any discharge of wastewater or hazardous waste, as defined in Title 22, California Code of Regulations, into the City’s sewerage system, except in accordance with all permit requirements and other provisions of this Article; violates any provision of a cease and desist order or cleanup and abatement order issued by the General Manager; or violates any requirement or prohibition of this Article, shall be liable civilly to the City in an amount not to exceed $2,000 per day for each violation that occurs.

3.

A civil penalty may not be imposed pursuant to this subsection and Subsection (b) for the same violation.

d.

Remedies under this Section are in addition to, and do not supersede or limit, any and all other civil or criminal remedies available to the City under local, State and federal law.

History

(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)

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