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` Page 37 11.3 Criminal Prosecution A. Any user who violates any provision of this ordinance, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement, shall be guilty of a misdemeanor punishable by a fine not to exceed One Thousand Dollars ( $1000 .00) per violation per day. B. No criminal prosecution shall be initiated except upon a vote of a majority of the City Council of Batesville, Arkansas resolving to pursue such criminal action. C. The penalties stated above shall be in addition to any other cause of action for personal injury or property damage available under state law, and shall be in addition to civil penalties which may be assessed under Section 11 .2 above. D. Any user knowingly making any false statement, representation, or certification in any application, record, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, any Wastewater Discharge Permit, or order, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall be guilty of a misdemeanor, and may be punished by a fine of not more than One Thousand Dollars ($1000 . 00 ) per violation per day. E. No criminal prosecution under the foregoing subparagraph may be initiated except upon a majority vote of the Batesville City Council resolving to pursue such criminal prosecution. 11 .4 Remedies Nonexclusive The provisions in Sections 9-12 are not exclusive remedies . Batesville Utilities Commission reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with The Batesville Utilities Commission enforcement response plan. However, Batesville Utilities Commission reserves the right to take other action against any user when the circumstances warrant. Furthermore, the Batesville Utilities Commission is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTION 12 . 1 Performance Bonds The Batesville Utilities Commission may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this ordinance, any orders, or a previous wastewater discharge permit issued hereunder, unless such user first files a bond, payable to Batesville Utilities Commission, in a sum not to exceed a value determined by the Batesville Utilities Commission to be necessary to achieve consistent compliance.