§ 20-5-127. CIVIL PENALTIES.

(a)

Willful or repeated violations. Any person who willfully or repeatedly violates any provision of this title or any rule, regulation, order, or permit condition promulgated pursuant to this title may be assessed a civil penalty not to exceed one thousand dollars ($1,000.00) for each violation, with each day's continuance considered a separate violation.

(b)

Serious violations. Any person who has received a citation for a serious violation of any provision of this title or of any rule, regulation, order, or permit condition promulgated pursuant to this title shall be assessed a civil penalty not to exceed one thousand dollars ($1,000.00) for each such violation, with each day's continuance considered a separate violation.

(c)

Nature of serious violation. For purposes of subsection (b) of this section, a serious violation shall be deemed to exist if there is reasonable cause to believe that the alleged violation has caused or could cause death or serious physical harm to any person or which has caused serious damage to the environment or to the system or which has caused or could cause the city or county to be in violation of its NPDES permit.

(d)

Violation determined not to be serious. Any person who has received a citation for a violation of any provision of this title or any rule, regulation, order, or permit condition promulgated pursuant to this title and such violation is specifically determined not to be of a serious nature may be assessed a civil penalty not to exceed five hundred dollars ($500.00) for each such violation, with each day's continuance considered a separate violation.

(e)

Failure to correct violation within permitted period. Any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Engineer) may be assessed a civil penalty not to exceed one hundred dollars ($100.00) for each day during which such failure or violation continues.

(f)

Authority of Engineer to assess penalties. The Engineer shall have the authority to assess all civil penalties set forth in this title, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the person being charged, the gravity of the violation, the good faith of the person, and the person's history of previous violations.

(1988 Code, § 35-312) (Bill No. 30-03, § 1, 7-1-2004)