§ 115-27. Penalty; judicial enforcement remedies.

A. 

Municipal civil infractions.

(1) 

Violation as municipal civil infraction. Except as provided by Subsection B of this section, a person who violates any provision of this chapter (including, but not limited to, any notice, order, permit, decision or determination promulgated under this chapter) is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000 per day for each infraction and not more than $10,000 per day for each infraction, plus costs and other sanctions.

(2) 

Repeat offenses; increased fines. Increased fines may be imposed for repeat offenses. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this chapter committed by a person within any ninety-day period and for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this chapter shall be as follows:

(a) 

The fine for any offense that is a first repeat offense shall be not less than $2,500, plus costs.

(b) 

The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000, plus costs.

(3) 

Amount of fines.

(a) 

Municipal civil infraction citations. Subject to the minimum fine amounts specified in Subsection A(1) and (2), the following factors shall be considered by the court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this chapter: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator's recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.

(b) 

Municipal civil infraction notices; schedule of fines.

[1] 

The amount of a municipal civil infraction fine due in response to the issuance of a municipal civil infraction notice for a violation under Subsection A shall be according to the following schedule:

[a] 

First offense: $1,000.

[b] 

First repeat offense: $2,500.

[c] 

Second repeat offense (or any subsequent repeat offense): $5,000.

[2] 

A copy of this schedule shall be posted at the office of the Clerk in City of Rockwood.

(4) 

Authorized City official. The Superintendent (and any representative designated by the Superintendent) is hereby designated as the authorized City official to issue municipal civil infraction citations and municipal civil infraction violation notices for violations of this chapter.

[1]:

Editor's Note: See Ch. 1, General Provisions, Art. II.

B. 

Criminal penalties; imprisonment. Any person who at the time of a violation knew that a pollutant or substance was discharged contrary to any provision of this chapter, or contrary to any notice, order, permit, decision or determination promulgated, issued or made under this chapter and knowingly failed to report or take appropriate action required under this chapter; or intentionally makes a false statement, representation, or certification in an application for, or form pertaining, to a permit, or in a notice, report, or record required by this chapter, or in any other correspondence or communication, written or oral, with the City regarding matters regulated by this chapter; or intentionally falsifies, tampers with, or renders inaccurate any sampling or monitoring device or record required to be maintained by this chapter; or commits any other act that is punishable under state law by imprisonment for more than 90 days shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500 per violation, per day, or imprisonment for up to 90 days, or both in the discretion of the court.

C. 

Continuing violation. Each act of violation, and each day or portion of a day that a violation of this chapter, or of any permit or order issued or entered into under this chapter constitutes a separate offense and shall be, in itself, subject to separate penalties or sanctions as a separate offense.

D. 

Injunction. In addition to any remedies available at law, the City may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of this chapter of the Code of the City of Rockwood.