§ 22-179. Violations.

(a)

Violation of this article shall be a misdemeanor punishable under the laws of the State of Florida.

(b)

The City may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW, or causes the City to violate any condition of its NPDES permit.

(c)

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including initiation of legal action by the City Attorney and immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within 15 calendar days of the date of occurrence.

(d)

Any user who violates the following conditions of this article or applicable State and Federal regulations is subject to having his permit revoked in accordance with the procedures of this section:

(1)

Failure of a user to report factually the wastewater constituents and characteristics of his discharge.

(2)

Failure of the user to report significant changes in operations, or wastewater constituents and characteristics.

(3)

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

(4)

Violation of conditions of the permit.

(e)

Whenever the City finds that any user has violated or is violating this article, the wastewater contribution permit, or any prohibition, limitation or requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user. Each quarter the City will publish in the local newspapers the list of violators of this article for that quarter.

(f)

In the event of violation of this article, the City Administrator or designee or authorized employees may verbally instruct the owner as to the necessary corrective action. If the owner fails to carry out verbal instructions in a timely manner or if a serious violation or hazard to public health exists, the City Administrator or designee may issue to the owner a written order stating the nature of the violation, the corrective action and the time limit for completing the corrective action. This time limit will not be less than 24 hours or more than six months, depending upon the type and severity of the violation. The offender shall, within the period of time stated in such notice, permanently cease all violations. The record of the mailing of the notice or order shall be prima facie evidence thereof, and failure of the owner or owners to receive same shall in no way affect the validity of any proceedings conducted pursuant to this article.

(g)

If any person discharges sewage, industrial waste or other wastes into the City's wastewater disposal system contrary to the provisions of this article, Federal or State pretreatment requirements, or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief in the appropriate court.

(h)

Any user who is found to have violated an order of the City Administrator or designee or who willfully or negligently failed to comply with any provision of this article, and the orders, rules, regulations and permits issued hereunder, shall be fined not less than $100.00 and not more than $1,000.00 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations and permits issued hereunder.

(i)

Any person who knowingly makes any false statements, representation or certification in any application, record, plan or other document filed or required to be maintained pursuant to this article, or wastewater contribution permits, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months or by both.

(j)

A person violating any provision of this section authorizing the aforementioned action by the City Administrator or designee shall be charged the normal and usual charges for discontinuance and disconnection of water and sewer services and the usual charges for recommencing the water and sewer services.

(Code 1982, § 22-179)