§ 22-183. Criminal prosecution.

(a)

Violations—Generally.

(1)

Any industrial user who willfully or negligently violates any provision of this article or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than one year or both.

(2)

In the event of a second conviction, the user shall be punishable by a fine not to exceed three thousand dollars ($3,000.00) per violation per day or imprisonment for not more than three (3) years or both.

(b)

Falsifying information.

(1)

Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than one year or both.

(c)

Annual publication of IUs in significant noncompliance.

(1)

The city shall annually publish in the Effingham Daily News a list of industrial users which are found to be in significant noncompliance, as defined in section 22-123, with any provisions of this article or any permit or order issued hereunder during the previous twelve (12) months. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months.

(Ord. No. 5-2011, Art. VI, 1-18-2011)