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Provo City will refer to the State of Utah criminal violations of any pretreatment standards or requirements or permit conditions. The Attorney General’s office for Utah and/or the District Attorney’s office for Utah County may, at their discretion, initiate appropriate criminal action. The POTW may assist the prosecuting attorney’s office where appropriate to support the action taken.

(1) A user who willfully or negligently violates any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not more than twenty-five thousand dollars ($25,000.00) per violation, per day, and/or imprisonment for not more than ninety (90) days, or both.

(2) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a class B misdemeanor and be subject to a penalty of not more than twenty-five thousand dollars ($25,000.00) per violation per day and/or be subject to imprisonment for not more than one (1) year, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

(3) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000.00) per violation, per day, and/or imprisonment for not more than one (1) year, or both.

(4) In the event of a second conviction, a user shall be punished by a fine not more than fifty thousand dollars ($50,000.00) per violation, per day, and/or imprisonment for not more than two (2) years, or both.

(Rep&ReEn 2019-31)