A. There is hereby adopted by the West Point city council by reference that certain code known as the “North Davis County Sewer District Wastewater Control Ordinance – Rules and Regulations,” dated June 9, 1983, and all amendments thereto, for the purpose of prescribing requirements, standards, and criteria for pretreatment of industrial wastewaters and industrial sewage and all other waters requiring pretreatment prior to being inducted into the sewage collection facilities of the city and the sewage collection facilities and treatment plant of the North Davis County Sewer District and prescribing other rules and regulations pertaining to the collection and treatment of sewage and the whole thereof of said “Wastewater Control Ordinance – Rules and Regulations” is hereby adopted save and except such portions as are hereinafter deleted, modified or amended, of which code not less than three copies have been and now are filed in the office of the West Point city recorder and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of West Point City.

B. Wherever the words “city,” “district,” “manager,” or similar terms referring to the North Davis County Sewer District or its personnel shall be used, and the context of such usage would so indicate, such terminology shall refer to West Point City and/or its comparable personnel functioning within West Point city government.

C. Any person who shall violate any of the provisions of the “Wastewater Control Ordinance – Rules and Regulations” hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, shall severally for each and every such violation or noncompliance, respectively, be guilty of a Class B misdemeanor, punishable by a fine of not more than $1,000 and/or by imprisonment for not more than six months in the case of persons and in the case of a corporation, association, partnership, or governmental instrumentality, a fine not to exceed $2,000. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

The charging of a criminal offense, conviction and imposition of sentence shall not in any way preclude the city from pursuing civil remedies.

D. The North Davis County Sewer District, by and through its authorized and designated officers, agents, servants and employees, is hereby authorized and designated to monitor and enforce compliance with this chapter and the “North Davis County Sewer District Wastewater Control Ordinance – Rules and Regulations” adopted by this chapter and for such purpose is authorized to inspect premises, books, records of users, and do all other things necessary which it deems legal and proper, unless otherwise directed by the city, in accordance with law and the terms and provisions of said “North Davis County Sewer District Wastewater Control Ordinance – Rules and Regulations” in connection with the monitoring and enforcement of the terms and provisions thereof.

E. In the event any industrial user should violate any of the terms and provisions of the “North Davis County Sewer District Wastewater Control Ordinance – Rules and Regulations” thereby resulting in a fine or penalty being assessed against West Point City and/or the North Davis County Sewer District by the Environmental Protection Agency or any other state or federal agency, such violating industrial user shall be responsible for payment of such penalty or fine to West Point City and/or the North Davis County Sewer District in the same amount of such fine or penalty as may be levied against the West Point City or the North Davis County Sewer District. [Code 2000 § 9-5-9].