§ 750.101. Civil penalties.

In addition to or in lieu of the penalties that may be imposed under section 750.102, a civil penalty of not to exceed twelve thousand five hundred dollars may be assessed against a person who violates a provision of this subpart, by which he is required to do or to refrain from doing anything, including:

(a)

Violation of an effluent standard or limitation;

(b)

Violation of the terms or conditions of a wastewater discharge permit;

(c)

Failure or refusal to complete a filing or report requirement;

(d)

Failure or refusal to perform or properly report a required monitoring;

(e)

Violating or failing or refusing to observe and comply with a final decision by the Director.

Civil penalties shall be assessed by the Director, based upon findings certified by the Chief, Treatment Division, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the violator and the history of previous violations. Civil penalties assessed and owed under this section shall be paid to the Tax Collector for deposit into the General Fund-General Services District as miscellaneous receipts and may be recovered in a civil action in the name of the city.

(Ord. 83-767-436, § 9; Ord. 91-1128-466, § 5; Ord. 93-138-148, § 30; Ord. 94-903-552, § 38; Ord. 96-421-273, § 27; Ord. 97-229-E, § 27)