Sec. 28-83. Civil penalty.
A. Any person who violates any provision of Article II, entitled "Use of Public Sewers and Limitations," Article VI, entitled "Industrial User and Pretreatment Requirements," or Article VII, entitled "Accidental Discharge," of this chapter is subject to a civil penalty of not less than $1,000.00 nor more than $25,000.00 per day for each violation. For continuing violations, each day constitutes a separate offense. In seeking the assessment of a civil penalty, the following criteria contained in Section 49-391(C), Arizona Revised Statutes, will be considered:
1. The seriousness of the violation.
2. The economic benefit, if any, resulting from the violation.
3. Any history of such violation.
4. Any good faith efforts to comply with the applicable requirements.
5. The economic impact of the penalty on the violator.
6. Such other factors as justice may require.
B. Any person who violates any provision of this chapter other than those in Article II, VI, or VII is subject to a civil penalty of not less than $250.00 nor more than $2,500.00 per day for each violation. For continuing violations, each day constitutes a separate offense.
C. In addition to the civil penalty imposed herein, the person will be liable for any civil sanction or penalty imposed on the City as a result of the violation.
D. The Director may issue a request for compliance, notice of violation, and civil citation for a violation of this chapter. Civil citations will be issued and prosecuted in accordance with the local rules of practice and procedures of the Phoenix City Court. (Ord. No. G-3376, § 1; Ord. No. G-4635, § 1p, 2004; Ord. No. G-6740, § 1, 2020)
State law reference—Penalties for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28); local enforcement of water pretreatment requirements, A.R.S. § 49-391.