Laserfiche WebLink
ORDINANCE NO. 2012-007 <br />(2) Any customer who willfully or negligently introduces any substance into the wastewater system <br />that causes personal injury or property damage shall, upon conviction, be subject to a penalty or <br />imprisonment or both. The penalty shall be in addition to any other cause of action for personal injury or <br />property damage available under state or federal law. <br />(3) A user who knowingly makes any false statements, representations, or certifications in any <br />application, record, report, plan, or other documentation filed, or required to be maintained, pursuant <br />to this part, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or <br />knowingly renders inaccurate any monitoring device or method required under this part shall, upon <br />conviction, be punished by a fine of at least one thousand dollars ($1,000.00) per day/per violation in <br />accordance with Rule 62-625.500(2)(a)5.a, FAC, not to exceed the maximum of two thousand dollars <br />($2,000.00) per day in accordance with F.S. § 125.69(1). <br />Section 201.88. Remedies nonexclusive. <br />The remedies provided for in this part are not exclusive. The county administrator may take any, all, or <br />any combination of these actions against a noncompliant user. enforcement of pretreatment violations <br />will generally be in accordance with the county's enforcement response plan. However, the county <br />administrator may take other action against any user when the circumstances warrant. Further, the <br />county administrator is empowered to take more than one enforcement action against any <br />noncompliant user. <br />Section 201.89. Supplemental enforcement action. <br />Whenever a user has violated or continues to violate any provision of this part, a wastewater discharge <br />permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to <br />the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily <br />demonstrated its ability to comply. <br />Section 201.90. Affirmative defenses to discharge violations. <br />(A) Upset: <br />(1) For the purposes of section 201.90, upset means an exceptional incident in which there is <br />unintentional and temporary noncompliance with categorical pretreatment standards because of <br />factors beyond the reasonable control of the user. An upset does not include noncompliance to the <br />extent caused by operational error, improperly designed treatment facilities, inadequate treatment <br />facilities, lack of preventive maintenance, or careless or improper operation. <br />(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with <br />categorical pretreatment standards if the requirements of paragraph (C), below, are met. <br />Coding: Words/letters/numbers underlined are additions to text; words/letters/numbers in <br />s#fil(ethFeUg;, format are deletions to text. <br />41 <br />