4.03    PENALTIES.   A municipal infraction is punishable by the following civil penalties:

(Code of Iowa, Sec. 364.22 [1])

1.         Standard Civil Penalties.

A.        First Offense — Not to exceed $500.00

B.        Each Repeat Offense — Not to exceed $750.00

Each day that a violation occurs or is permitted to exist constitutes a repeat offense.

(Ord. 486 – Jan. 01 Supp.)

2.         Special Civil Penalties.

A.        A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. §403.8, by an industrial user is punishable by a penalty of not more than one thousand dollars ($1,000.00) for each day a violation exists or continues.

B.        A municipal infraction classified as an environmental violation is punishable by a penalty of not more than one thousand dollars ($1,000.00) for each occurrence.  However, an environmental violation is not subject to such penalty if all of the following conditions are satisfied:

(1)        The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown of either equipment causing the violation or the equipment designed to reduce or eliminate the violation.

(2)        The City is notified of the violation within twenty-four (24) hours from the time that the violation begins.

(3)        The violation does not continue in existence for more than eight (8) hours.