§ 5-1-97. Penalties.

(a)

The failure by a hauler to timely notify its customers pursuant to Section 5-1-94(a) or submit conforming recycling data reports pursuant to Section 5-1-95(e) shall be a class three civil violation ¹ , as set forth in Section 1-1-11(b)(3) herein for every month the reports are not properly submitted. Any hauler who is assessed with a total of three separate civil violations pursuant to this section may be subject to revocation of its City of Alexandria hauler's permit. Enforcement for recycling data reports will begin February 1, 2007.

(b)

The failure by a responsible party for each single-family dwelling property management company or homeowners association, business, or multiple-family dwelling that generates more than 10 tons of solid waste to timely provide notification or submit conforming implementation plans and data reports pursuant to Sections 5-1-94 and -95 shall be a class three civil violation, as set forth in Section 1-1-11(b)(3) herein for every month the reports are not properly submitted. The failure by a responsible party for each single-family dwelling property management company or homeowners association, business, or multiple-family dwelling that generates less than 10 tons of solid waste to timely provide notification or submit conforming implementation plans and data reports pursuant to Sections 5-1-94 and -95 shall be a class five ² civil violation, as set forth in Section 1-1-11(b)(5) herein for every month the reports are not properly submitted. The failure to comply with the notification and reporting requirements set forth in Sections 5-1-94 and -95 by an entity for which no data on the amount of solid waste generated is available shall be a class four ³ civil violation as set forth in Section 1-1-11(b)(4) herein. Enforcement of implementation plan submission requirements will begin February 1, 2007.

(c)

The city's department of transportation and environmental services shall have responsibility for responding to complaints, assessing compliance, levying penalties, violations and fines and otherwise enforcing the terms and provisions of this article. All fines assessed pursuant to this article shall be will be levied as a civil penalty, enforceable through the city treasurer's office. (Ord. No. 4438, 2/25/06, Sec. 1)

¹ For a class three civil violation, the penalty for each individual violation shall be $500 for the first violation, $1,000 for the second violation of the same regulation or requirement arising from the same set of operative facts, and $1,500 for each additional violation of the same regulation or requirement arising from the same set of operative facts

² For a class five civil violation, the penalty for each individual violation shall be $25 for the first violation, $50 for the second violation of the same regulation or requirement arising from the same set of operative facts, and $100 for each additional violation of the same regulation or requirement arising from the same set of operative facts

³ For a class four civil violation, the penalty for each individual violation shall be $100 for the first violation, $250 for the second violation of the same regulation or requirement arising from the same set of operative facts, and $500 for each additional violation of the same regulation or requirement arising from the same set of operative facts