A. Any person, operator or owner who shall violate any provision of this division, or who shall fail to comply with any provision hereof, shall be guilty of a Class 1 misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $2,500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues is a separate offense punishable as set forth herein. Violations relating to nonpayment of delinquent fees and charges shall not be subject to prosecution as a misdemeanor.

B. If any person discharges sewage, industrial wastes or other wastes into the city wastewater system contrary to the provisions of this division, federal or state pretreatment requirements or any order of the director, the city attorney, subject to approval by the council, may commence an action for appropriate legal and equitable relief in the superior court of the appropriate county.

C. Any person, operator, or owner that has violated any provision of this division is liable to the city for any expense, loss or damage occasioned by the city for reason of appropriate cleanup and proper disposal of waste materials. Additionally, an administrative fee equal to one-half of assessed cleanup costs shall be levied by the city against the guilty party.

D. The city may report violations of Chapter 13.40 SCC to appropriate state and federal agencies as violations of the Clean Water Act and related acts, laws and regulations.

E. All other penalties herein notwithstanding, it is unlawful for any person, whether principal, owner, agent or tenant, to unlawfully violate, disobey, omit or refuse to comply with or to resist the enforcement of any of the provisions of this division.

F. The director may refuse service to and disconnect any user who fails to comply with any of the provisions of this division.

G. Discontinuance of wastewater services shall not occur until the noncomplying person, industry or business has been notified that it is not in compliance with this division and has been given a reasonable time in which to come into compliance. The director may immediately halt service with no notice to the user when the director determines that such action is necessary to prevent a discharge of pollutants that represents an imminent danger to the public health, safety or welfare or may result in immediate and significant environmental damage.

H. This section shall not be held to prohibit the city engineer or city manager from acting to require and effect correction of violations or removal of nuisances. [Code 2006 § 13-11-1. Ord. 2009-04, 4-14-2009; Ord. 2014-06 § 1, 5-27-2014; Res. 2014-10 Exh. A, 5-27-2014].