[Ord. of 4-8-1999, § 1]
Whenever the City Engineer finds that any user has violated
or is violating this chapter, a wastewater contribution/discharge
permit or order issued under this chapter or any other pretreatment
standard or requirement, the City Engineer or his designee may serve
upon the user a written notice of violation. Within seven days of
receipt of this notice, an explanation of the violation and a plan
for the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted by the user to the City
Engineer. Submission of this plan in no way relieves the user of liability
for any violations occurring before or after receipt of the notice
of violation. Nothing in this section shall limit the authority of
the City Engineer to take any action, including emergency action or
any other enforcement action, without first issuing a notice of violation.
[Ord. of 4-8-1999, § 1]
The City Engineer is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such document will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 14 1/2-116 and 14 1/2-117 of this chapter and shall be judicially enforceable.
[Ord. of 4-8-1999, § 1]
The City Engineer may order any user which has violated or continues
to violate any provision of this chapter, a wastewater contribution/discharge
permit or order issued under this chapter or any other pretreatment
standard or requirement to appear before the City Engineer and show
cause why a proposed enforcement action should not be taken. Notice
shall be served on the user specifying the time and place for the
hearing, the proposed enforcement action the reasons for such action
and a request that the user show cause why this proposed enforcement
action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail (return receipt requested)
at least five days prior to the hearing. Such notice may be served
on any authorized representative of the user. Whether or not the user
appears as ordered, immediate enforcement action may be pursued following
the hearing date. A show cause hearing shall not be a prerequisite
for taking any other action against the user and the issuance of same
shall not preclude any other action while resolution of the show cause
order is pending.
[Ord. of 4-8-1999, § 1]
When the City Engineer finds that a user has violated or continues
to violate any provision of this chapter, a wastewater contributions/discharges
permit or order issued under this chapter or any other pretreatment
standard or requirement, he may issue an order to the user responsible
for the discharge directing that the user come into compliance within
seven days or a shorter period when, in the City Engineer's discretion,
same is required. If the user does not come into compliance within
said period, sewer service shall be discontinued unless adequate treatment
facilities, devices or other related appurtenances are installed and
properly operated. Compliance orders may also contain other requirements
to address the noncompliance, including additional self-monitoring
and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order release the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a prerequisite to taking any other action against
the user.
[Ord. of 4-8-1999, § 1]
(a)
When the City Engineer finds that a user has violated
or continues to violate any provision of this chapter, the user's
wastewater contribution/discharge permit, any order issued under this
chapter or any other pretreatment standard or requirement, or that
the user's past violations are likely to recur, the City Engineer
may issue an order to the user directing it to immediately cease and
desist all such violations and directing the user to:
(b)
Issuance of a cease and desist order shall not
be a prerequisite to taking any other action against the user.
(a)
Notwithstanding any other section of this chapter,
any user that is found to have violated any provision of this chapter,
its wastewater contribution/discharge permit or order issued under
this chapter or any other pretreatment standard or requirement shall
be fined in an amount not to exceed $1,000 per violation, per day.
Each day that a violation continues shall be considered a separate
violation. In the case of monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of
violation.
(b)
Assessments may be added to the user's next scheduled
sewer service charge and the City Engineer shall have such other collection
remedies as may be available for other service charges and fees.
(c)
Unpaid charges, fines and penalties shall, after
30 calendar days, be assessed an additional penalty of 2% of the unpaid
balance, and the interest shall accrue thereafter at a rate of 9%
per annum. A lien against the individual user's property may be sought
for unpaid charges, fines, and penalties.
(d)
Users desiring to dispute such fines must file
a written request for the City Engineer to reconsider the fine along
with full payment of the fine amount within 30 days of being notified
of the fine. Where a request has merit, the City Engineer shall convene
a hearing on the matter within 30 days of receiving the request from
the industrial user. In the event that the user's appeal is successful,
the payment together with any interest accruing thereto shall be returned
to the industrial user. The City Engineer may add to the fine the
cost of preparing administrative enforcement actions such as notices
and orders.
(e)
Issuances of an administrative fine shall not be
a prerequisite for taking any other action against the user.
(f)
Issuance of an administrative fine shall not preclude
any other enforcement action.
[Ord. of 4-8-1999, § 1]
(a)
The City Engineer may immediately suspend a user's
discharge (after informal notice to the user, if practicable) whenever
such suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of person(s). The City Engineer
may also immediately suspend a user's discharge, after notice to the
affected industrial user(s) and opportunity to respond, that threatens
to interfere with the operation of the POTW or which presents, or
may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the City Engineer shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The City Engineer shall allow the user to recommence its discharge when the user has demonstrated that the period of endangerment has passed, unless the termination proceedings set forth in Section 14 1/2-120 of this chapter are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the City Engineer prior to the date of any show cause or termination hearing under Sections 14 1/2-113 and 14 1/2-120 of this chapter.
(3)
The City Engineer and his agents shall be immune
from liability for actions taken pursuant to this section, and the
application for a permit represents the user's authorization for entry
onto the premises for enforcement under this section.
(b)
Nothing in this section shall be interpreted as
requiring a hearing prior to any emergency suspension under this section.
[Ord. of 4-8-1999, § 1]
(a)
In addition to the provisions set forth in Section 14 1/2-92 of this chapter, any user that violates the following conditions of this chapter, a wastewater contribution/discharge permit or order issued under this chapter is subject to discharge termination:
(1)
Violation of wastewater contribution/discharge
permit conditions;
(2)
Failure to accurately report the wastewater constituents
and characteristics of its discharge;
(3)
Failure to report significant changes in operations
or wastewater volume, constituents and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises
for the purposes of inspection, monitoring or sampling; or
(5)
Violation of any pretreatment standard or requirement
in Article VI of this chapter.
(b)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 14 1/2-115 of this chapter why the proposed action should not be taken. Termination of discharge shall not be a bar to or a prerequisite for taking any other action against the user.
[Ord. of 4-8-1999, § 1]
Whenever a user has violated a pretreatment standard or requirement
or continues to violate any provision of this chapter, a wastewater
contribution/discharge permit or order issued under this chapter,
or any other pretreatment standard or requirement, the City Engineer
may petition the appropriate court for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater contribution/discharge
permit, order or other requirement imposed by this chapter on activities
of the user. Such other action as appropriate for legal and/or equitable
relief may also be sought by the City Engineer. A petition for injunctive
relief need not be filed as a prerequisite to taking any other action
against the user. This provision is not intended in any way to limit
the City Engineer's authority and application for judicial relief
and shall not preclude other enforcement remedies.
[Ord. of 4-8-1999, § 1]
(a)
Any user which has violated or continues to violate
any provision of this chapter, any order or wastewater contribution/discharge
permit issued under this chapter or any other pretreatment standard
or requirement shall be liable to the city for a maximum civil penalty
of $1,000 per violation per day. Each day that a violation continues
shall be considered a separate violation. In the case of monthly or
other long-term average discharge limits, fines shall be assessed
for each day during the period of violation.
(b)
The City Engineer may recover reasonable attorney's
fees, court costs and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the city.
(c)
In determining the amount of civil liability, the
court shall take into account all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained
through the user's violation, corrective action(s) by the user, the
compliance history of the user, and any other factor as justice requires.
(d)
Filing a suit for civil penalties shall not be
a bar to or a prerequisite for taking any other action against the
user.
[Ord. of 4-8-1999, § 1]
(a)
Any user that willfully or with criminal negligence
violates any provision of this chapter, any order or wastewater contribution/discharge
permit issued under this chapter or any other pretreatment standard
or requirement shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of not more than $1,000 per violation per day
or imprisonment for not more than six months, or both.
(b)
Any user that willfully or with criminal negligence
introduces any substance into the POTW which causes personal injury
or property damage shall, upon conviction, be guilty of a misdemeanor
and be subject to a penalty of at least $1,000 or be subject to imprisonment
for not more than six months, or both. This penalty shall be in addition
to any other cause of action for personal injury or property damage
available under state law.
(c)
Any user that 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, wastewater contribution/discharge permit or order,
or who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under this subchapter may be
subject to criminal charge and, upon conviction, be subject to a sentence
of imprisonment or fine, or both.
[Ord. of 4-8-1999, § 1]
The provisions in Article IX are not exclusive remedies. The
City Engineer may take any, all or any combination of these actions
against a noncompliant user. Enforcement of pretreatment violations
will generally be in accordance with the City's enforcement response
plan developed and implemented pursuant to 40 CFR 403.8(f)(5). However,
the City Engineer may take other action against any user when the
circumstances warrant. Further, the City Engineer is empowered to
take more than one enforcement action against any noncompliant user.
These actions may be taken concurrently.
