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Section 2826. Fines and Penalties
Administrative fines.
When the Superintendent finds that a user violated or continues to violate any provision of this Ordinance, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, including a users failure to obtain a wastewater discharge permit pursuant to this Ordinance, the Superintendent may fine such user in an amount not to exceed $2,500 per day. Each day of violation shall constitute a separate offense subject to fine. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. In the case of failure to obtain a required wastewater discharge permit, the fine shall accrue on a daily basis commencing on the day the user first was notified or became aware of the need for such a permit. The Citymay
add the costs of preparing administrative enforcement actions, such as notices and orders, to any fine assessed.
Any and all unpaid charges, fines and penalties under this Ordinance shall, after 30 calendar days from the due date, be assessed an additional penalty of 12% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% per month. A lien against the users property may be sought for unpaid charges, fines and penalties as allowed under state law.
Users desiring to dispute such fines must file a written request with the Superintendent for the City Council to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. The City Council shall convene an administrative hearing on the matter and conduct said hearing in accordance with procedures delineated in § 2824 (H)(3) of this Ordinance. Failure to timely request an administrative hearing constitutes a waiver of any administrative appeal. The decision of the City Council, including a decision to not reduce the fine, shall be final, and any appeal must follow the requirements of Maine Rules of Civil Procedure 80B. In the event that the users appeal is successful, the payment, together with any interest accruing thereon, shall be returned to the user.
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
Judicial Penalties.
Civil penalties and criminal referral.
Any person who violates the provisions of this Ordinance shall be subject to civil penalties pursuant to 30-A M.R.S.A. § 4452, as well as applicable civil or criminal penalties pursuant to 38 M.R.S.A. §§ 349 and 1319-T. The penalties in those statutes shall be in addition to the specific penalties in this Ordinance.
A user which has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit or other permit issued hereunder or any other pretreatment standard or requirement shall be required to pay a fine of not less than $1,000 per day and not more than $2,500 per day for each and every day of a violation for a first offense. These fines shall increase to a minimum of $2,500 per day and a maximum of $25,000 per day for a second offense of the same or a similar nature occurring within two years of the first offense. Each day of violation shall constitute a separate offense subject to fine. In the case of a monthly or other longterm average discharge limit, penalties shall accrue for each day during the period of the violation.
Pursuant to 30-A M.R.S.A. § 4452 and Maine Rules of Civil Procedure 80K, the City may seek reasonable attorney fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
In determining the amount of civil liability, the court shall be asked to take into account all relevant circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the users violation, corrective actions undertaken by the user, the compliance history of the user and any other factor as justice requires.
No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment or other part of, or otherwise harm, the municipalitys wastewater treatment facility. Penalties for violations of this provision of this Ordinance shall be a minimum fine of $1,000 and a maximum fine of $10,000 for the first offense. A second offense committed within five years shall be punished by a minimum fine of $10,000 and a maximum fine of $25,000. These penalties are in addition to any penalties associated with other civil or criminal provisions of state and federal law to which said person may be subject.
Filing a suit for civil penalties or making a criminal referral shall not be a bar against, or a prerequisite for, taking any other action against a user.
The City reserves the right to make appropriate referrals for criminal prosecution pursuant to the provisions of 38 M.R.S.A. §§ 349 and 1319-T, as well as any other applicable federal or state law. Additionally, enforcement of this Ordinance shall not preclude criminal prosecution for other violations of state or federal law, and the City will cooperate in any such prosecutions.
Any person who willfully, or negligently violates their permit or this Ordinance, or knowingly makes false statement, representation or certification in the application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance, may be subject to criminal penalties and a fine of up to $1000 per day of violation, or by imprisonment for not more than six (6) months or by both.
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