§ 12A-8-16 Judicial proceedings.
(A) Initiation of Legal Action. Whenever the Director finds that a user has violated any of the provisions of this chapter, the Director may ask the City Attorney to take appropriate legal action. This legal action may include, among other things, the following:
(1) Prohibitive injunctions;
(2) Mandatory injunctions for corrective action and cleanup, or other equitable relief;
(3) Civil penalties in accordance with this chapter;
(4) Criminal penalties, including restitution. In addition to any other restitution deemed appropriate by the Court, the Court may order that the violator pay restitution to reimburse the City for the costs and expenses incurred by the City as a result of the violation, including but not limited to those resulting from the enforcement, testing, emergency response and cleanup activities;
(5) Recovery of civil damages, penalties, and costs to the POTW.
(B) Civil and Criminal Penalties for Violation.
(1) The civil penalties for violation of any provision of this chapter, any part of a permit written and issued in compliance with this chapter and/or any requirement of a notification of violation written and issued in compliance with this chapter, shall not exceed $25,000 for each violation. For continuing violations, each day may constitute a separate offense. In determining the amount of a civil penalty the following shall be taken into consideration:
(a) The seriousness of the violation.
(b) The economic benefit, if any, resulting from the violation.
(c) Any history of such violation.
(d) Any good faith efforts to comply with the applicable requirements.
(e) The economic impact of the penalty on the violator.
(f) Such other factors as justice may require.
(C) The civil penalties for non-submittal of reports, noncompliance with the reporting and/or application requirements required in this chapter or permit, or failure to complete an increment of progress of a compliance schedule, shall not exceed $1,000 for each day in which the requirements are not fulfilled.
(D) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% per month. A lien against the User’s property shall be sought for unpaid charges, fines, and penalties.
(E) Any person who attempts to deceive a government agency by submitting documents to the agency or by making statements to a representative of the agency which they know to be false, or by destroying or concealing or refusing to deliver papers or records required by the agency to be kept for its information, is subject to prosecution for tampering with a public record, or fraudulent schemes and practices. Tampering with a public record and fraudulent schemes and practices are both felony violations pursuant to Arizona Revised Statutes.
(F) Any violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, by any Person, is a class 1 misdemeanor and may be pursued civilly and criminally subject to the penalties provided herein, Article 1-8, Chapter 18, A.R.S. § 49-391 and as provided by law. Each day any violation of any provision of this code or any chapter incorporated herein, or the failure to perform any act or duty required by this code or chapter incorporated herein, continues shall constitute a separate offense.
(G) The remedies provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with this chapter. However, the Director has the discretion to take other action against any User which the Director deems to be appropriate under the circumstances. Further, the Director is empowered to take more than one enforcement action against any noncompliant User. (Ord. 14-1290, passed 3-3-2014; Am. Ord. 23-1584, passed 9-25-2023)