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(1) When the Provo City Industrial Pretreatment Coordinator finds that the user has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Provo City Industrial Pretreatment Coordinator may fine such user in an amount not to exceed ten thousand dollars ($10,000.00) per day per violation. Such fines shall be assessed on a per-violation basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

(2) Unpaid charges, fines and penalties shall, after sixty (60) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the user’s property shall be sought for unpaid charges, fines, and penalties.

(3) Users desiring to dispute such fines must file a written request for the Provo City Industrial Pretreatment Coordinator to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the Provo City Industrial Pretreatment Coordinator may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Provo City Industrial Pretreatment Coordinator may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Rep&ReEn 2019-31, Am 2023-49)