§ 201.84. Administrative fines.

(A)

When the county administrator finds that a user has violated, or continues to violate, any provision of this part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the county administrator may fine such user in an amount not to exceed one thousand dollars ($1,000.00). Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

(B)

Unpaid charges, fines, and penalties shall, after twenty (20) calendar days, be assessed an additional penalty of a two dollar ($2.00) flat fee plus one and one-half (½) percent of the unpaid balance, and interest shall accrue thereafter at a flat fee of two dollars ($2.00) plus a rate of one and one-half (½) percent per month. After one hundred twenty (120) days, any unpaid charges, fines, or penalties in excess of one hundred dollars ($100.00) can be justification for a lien against the property.

(C)

Users desiring to dispute such fines must file a written request for the county administrator to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the county administrator may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The county administrator may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(D)

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(E)

There is hereby established an "industrial pretreatment fine for pH violation," as set forth below and such fines may be assessed on a per day basis:

Industrial Pretreatment Fine Table for pH

(Allowable pH Limits - 5.50 to 9.5)

Low pH Violation	High pH Violation	Fine Amount
5.00 to 5.49	—	$100.00
4.50 to 4.99	9.60 to 10.49	250.00
4.00 to 4.49	10.50 to 10.99	375.00
3.50 to 3.99	11.00 to 11.49	500.00
3.00 to 3.49	11.50 to 11.99	625.00
2.50 to 2.99	12.00 to 12.49	750.00
2.00 to 2.49	12.50 to 12.99	875.00
Less than 2.00	13.00 and above	1,000.00

 

Note: Violation is determined by:

1.

Grab sample in excess of limits.

2.

If continuous monitor, exceeding limits by fifteen (15) minutes or longer.

(Ord. No. 2007-013, § 26, 3-20-07; Ord. No. 2012-007, § 1, 5-8-12)