A. Violations. Dischargers failing to comply with the requirements of this Chapter and associated rules may be subject to enforcement actions by the Director. Violations of this Chapter and associated rules include, but are not limited to:
1. Discharges with any of the attributes of the prohibited discharge list of Section 17.39.040.
2. Failure to meet any requirement or condition of a discharge permit or authorization, including exceedances of a discharge limit, issued under the authority of this Chapter or associated rules.
3. Failure to comply with a permit or discharge authorization-related submittal schedule or a violation remediation schedule.
4. Failure to pay review fees or assigned penalties for violations.
B. Civil Penalties. Dischargers violating this Chapter or associated rules may be assessed civil penalties of up to $5,000 per day per violation. All civil penalty payments shall be deposited with the City Treasurer. Penalties and other charges shall accrue interest from the date of initial City notice until the penalty is paid in full.
C. City Summary Abatement. A discharger who fails to correct any prohibited condition or to discontinue any prohibited activity may be subject to summary abatement by the City. In cases of imminent danger to human health, public safety, or the environment or continued noncompliance with City Code or associated rules, the Director may take any necessary action permitted by law to remedy the violation and remove the threat to public health and safety or the environment. Dischargers shall be solely responsible for paying the expenses incurred by the City in carrying out the abatement in conformance with this Chapter.
D. Termination of a Permit or Discharge Authorization. The Director may terminate a City-issued discharge permit or DA if, in the judgment of the Director:
1. The discharge has the potential to endanger human health, public safety or the environment or threatens to interfere with the operation of the City storm sewer and drainage system;
2. The NPDES permit, City permit or authorization was obtained by misrepresentation of any material fact or lack of full disclosure;
3. The discharger violates any requirement of this Chapter or the applicable discharge permit or authorization; or
4. The termination is directed by a court of competent jurisdiction.
The Director may reinstate discharge privileges based on confirmation that the discharge complies with this Chapter and associated rules and any outstanding penalties, fees or costs due the City have been paid.
E. Cost Recovery. The Director may recover all reasonable costs incurred by the City which are attributable to or associated with violations of this Chapter.
F. Nothing in this Chapter shall be construed to impose liability on the City for any injury or damage resulting from the failure of any person to comply with the provisions of this Chapter.