[R.O. 2014 §710.205; Ord. No. 629 §1(5.0.1), 11-12-1992; Ord. No. 1977, 1-14-2021]
Whenever the Superintendent (or his/her agent) finds that any
industrial user has violated, or is violating this Chapter, a wastewater
permit, or any order issued hereunder, the Superintendent (or his/her
agent) shall, with due diligence, serve, or cause to be served, upon
said user a written notice of violation. Within ten (10) days of the
receipt date of this notice, the industrial user shall prepare a written
explanation of the violation and a written plan for the satisfactory
correction and future prevention of said violation which shall include
specific required actions and dates of implementation and shall be
signed and submitted in writing to the Superintendent. Submission
of said plan in no way relieves the industrial user of liability for
any violation occurring before or after receipt of the notice of violation.
All such violations shall be resolved no later than thirty (30) days
after service of the notice of violation, unless additional time for
corrective action is granted in a consent agreement between the Board
of Aldermen and the industrial user.
[R.O. 2014 §710.210; Ord. No. 629 §1(5.0.2), 11-12-1992; Ord. No. 1977, 1-14-2021]
The Board of Aldermen is hereby empowered to enter into consent
agreements, assurances of voluntary compliance, or other similar documents
establishing an agreement with the industrial user responsible for
the non-compliance. Such consent agreement shall include specific
action to be taken by the industrial user to correct the non-compliance
within a time period also specified by the order. If the written explanation
of the violation and written plan for satisfactory correction and
future prevention of the violation is found to be satisfactory by
the Superintendent (or his/her agent), said plan shall be incorporated
into a written consent agreement (which said consent agreement may
provide, if reasonably necessary, for a specified amount of additional
time beyond thirty (30) days in order to implement all aspects of
said plan) signed by the industrial user (or his/her or its authorized
agent) and shall be submitted at the next regular meeting of the Board
of Aldermen for its approval or disapproval. If said consent agreement
is approved by the Board of Aldermen, duplicate original copies of
the consent agreement shall be signed by both the Mayor (or Mayor
pro tem), on behalf of the City, and resigned by appropriate officials
on the part of the industrial user. Duplicate originals of the consent
agreement shall be executed, and both the City and the industrial
user shall maintain in their permanent files a duplicate original
of said consent agreement. A consent agreement may be directly enforced
by judicial remedies without further administrative proceedings. If
the proposed consent agreement is not approved by the Board of Aldermen,
or if the plan submitted by the industrial user is not satisfactory,
or if the industrial user submits no plan to the City by the due date,
then an abatement order shall be issued by the Superintendent (or
his/her agent) and served upon the industrial user by the Marshfield
Police Department.
[R.O. 2014 §710.215; Ord. No. 629 §1(5.0.3), 11-12-1992; Ord. No. 1977, 1-14-2021]
When the Superintendent (or his/her agent), or the Board of
Aldermen finds that an industrial user has violated or continues to
violate this Chapter, or wastewater permit, or orders issued thereunder
after the receipt of notice of violation, then the Superintendent
shall issue an abatement order, which said order shall be served by
the Marshfield Police Department on the industrial user. Said abatement
order shall be directed to the industrial user responsible for the
violation and shall direct that following a specified time period
set forth in the abatement order following a show cause hearing, that
sewer and/or water service shall be discontinued unless adequate treatment
facilities, devices or other related appurtenances have been installed
and are properly operating and that the violation is, in fact, no
longer continuing. Abatement orders may also contain such other requirements
as may be reasonably necessary and appropriate to address the non-compliance,
including the installation and/or utilization of pretreatment technology,
additional self-monitoring, and management practices. The abatement
order shall, on its face, give the time and date of a show cause hearing
to be held by the Board of Aldermen wherein the industrial user shall
be given the opportunity to show any cause which it might have for
not being disconnected from the sewer and/or water service of the
City. At the show cause hearing, the specified time for disconnection
of sewer service may be extended, and the requirements of the abatement
order may be modified only by a written consent agreement entered
into between the industrial user and the Board of Aldermen, which
said written consent agreement shall follow all of the requirements
both substantively and procedurally as previously set forth herein.
A written consent agreement may be tendered to the Board of Aldermen
by the industrial user prior to the show cause hearing.
[R.O. 2014 §710.220; Ord. No. 629 §1(5.0.4), 11-12-1992; Ord. No. 1977, 1-14-2021]
A.
A notice shall be served upon the industrial user specifying the time and place of a show cause hearing to be held by the Board of Aldermen regarding the violation, and the proposed enforcement action, and directing the industrial user to show cause before the Board of Aldermen why the proposed enforcement action should not be taken. Notice of hearing shall be contained in the abatement order which shall be served personally, or by certified mail (return receipt requested) at least fifteen (15) days before the hearing. Service may be made on any agent or officer, or management or administrative employee of an industrial user. An industrial user may appeal an abatement order issued by the Superintendent (or his/her agent) pursuant to Section 710.210 hereof. At the show cause hearing, the burden of proof shall be upon the industrial user to establish by a preponderance of the evidence that the terms of the abatement order issued by the Superintendent (or his/her agent) are unreasonable, an abuse of discretion by the Superintendent, or that, in fact, the industrial user has not violated and is not violating any terms of this Chapter, a wastewater permit or order issued hereunder, or any State or Federal laws or regulations. Both the Superintendent (or his/her agent) and the industrial user shall be entitled to be represented by counsel at the show cause hearing and an electronic recording of all of the evidence at the show causing hearing shall be made by the City Clerk and the City Clerk shall retain and file all exhibits at said hearing. The electronic recording of said testimony shall be the property of the Board of Aldermen.
B.
At the request of either the Board of Aldermen, or the industrial
user, three (3) transcripts of said recorded testimony shall be prepared
and the cost of said transcript shall be borne equally by the industrial
user and the Board of Aldermen. If a transcript is prepared, a copy
of said transcript will be made available to any member of the public,
or to any party to the hearing upon the payment of the usual charges
for said copy. If, at the conclusion of the evidence, the Board of
Aldermen finds that an industrial user has violated or continues to
violate this Chapter, or any permit or order issued hereunder, or
any State or Federal law or regulation, the Board of Aldermen may
do the following:
1.
Modify the terms of the abatement order; enter into a consent
agreement with the industrial user; or order the enforcement of the
abatement order by issuing a cease and desist order for the violation(s).
The general nature of the show cause hearing shall be an appeal from
the terms of the abatement order issued by the Superintendent (or
his/her agent). After service upon the industrial user of the abatement
order, the burden of applying for a show cause hearing is on the industrial
user and must be made in writing by the industrial user and served
upon the City Clerk, or her duly authorized agent, at the Marshfield
City Hall, no later than ten (10) days from the date of service of
the abatement order on the industrial user. Upon the receipt of an
application from an industrial user for a show cause hearing, the
show cause hearing must be held by the Board of Aldermen no less than
fifteen (15) days nor more than thirty (30) days from the date of
the service of the abatement order upon the industrial user.
2.
The show cause hearing shall be open to the public. If, at the
conclusion of the show cause hearing, a cease and desist order is
issued by the Board of Aldermen, the industrial user shall abide by
all terms of said cease and desist order within seven (7) days of
the date of the show cause hearing.
[R.O. 2014 §710.225; Ord. No. 629 §1(5.0.5), 11-12-1992; Ord. No. 1977, 1-14-2021]
After the Board of Aldermen has reviewed the evidence, if it
finds the industrial user responsible for the violation(s) it may
issue a cease and desist order to the industrial user directing that,
following a specified time period (not longer than seven (7) days),
sewer services will be discontinued unless adequate treatment facilities,
devices or other related appurtenances have been installed on existing
treatment facilities, or devices or other related appurtenances are
being properly operated in such a way as to in fact abate the violation.
In the cease and desist order the Board of Aldermen is empowered to
make such additional orders and directives as are necessary and appropriate
to abate the violation(s) of the industrial user. Violation of a cease
and desist order by an industrial user shall result in the City seeking
appropriate judicial remedies as provided in this Article.
[R.O. 2014 §710.230; Ord. No. 629 §1(5.0.6), 11-12-1992; Ord. No. 1977, 1-14-2021]
The Superintendent (or his/her agent) may immediately suspend
the wastewater treatment service and/or municipal water service and/or
the wastewater permit of an industrial user whenever such suspension
is necessary in order to stop an actual or threatened discharge which
may cause an imminent or substantial endangerment to the health or
welfare of persons, the POTW, or the environment. Such emergency suspensions
of service may include the actual physical obstruction and/or disconnection
of the industrial user from municipal water and/or sewer lines.
[R.O. 2014 §710.235; Ord. No. 629 §1(5.0.7), 11-12-1992; Ord. No. 1977, 1-14-2021]
The Superintendent (or his/her agent) shall immediately notify
the industrial user of such emergency suspension by written notice
which shall be served upon the industrial user by the Marshfield Police
Department. Any user notified of a suspension of wastewater treatment
service and/or municipal water service and/or the wastewater permit
shall immediately stop and totally eliminate its contribution or discharge
into the municipal system. In the event of a user's failure to
immediately comply voluntarily with the suspension order, the Superintendent
(or his/her agent) shall take such steps as deemed necessary, including
immediate physical interruption of the water or sewer service to prevent
or minimize damage to the POTW, its receiving stream, or endangerment
to the health or welfare of persons. The Superintendent (or his/her
agent) shall allow the user to recommence its discharge when the endangerment,
or threat thereof, has passed, unless other proceedings set forth
in this Article are or have been initiated against the user.
[R.O. 2014 §710.240; Ord. No. 629 §1(5.0.6.2), 11-12-1992; Ord. No. 1977, 1-14-2021]
A.
Emergency suspension of service by the Superintendent (or his/her
agent) shall be reviewed by the Board of Aldermen at the next regularly
scheduled meeting of the Board of Aldermen, or at a special meeting
of the Board of Aldermen held for the purpose of said review prior
to the next regular meeting of the Board of Aldermen. The Superintendent
(or his/her agent) shall appear at said review and present to the
Board of Aldermen the facts upon which the emergency suspension of
service was based and the actions taken by the Superintendent (or
his/her agent) to accomplish the emergency suspension of service and
whether the user has violated the emergency suspension of service.
At the review, if service has not recommenced, the Board of Aldermen
may do any of the following:
1.
Order physical severance of service;
2.
Order restoration of service after compliance with the terms
of any consent agreement presented to the Board by the Superintendent
and industrial user;
3.
Revoke the wastewater permit of an industrial user;
4.
Order the Superintendent to issue an abatement order;
5.
Modify the wastewater permit of an industrial user to prevent
any future non-compliance; or
6.
Order restoration of service.
B.
Sufficient grounds for emergency suspension of service shall exist
if the actual or threatened discharge of the industrial user may reasonably
cause interference to the POTW, endangerment to the health or welfare
of persons, or may cause the City to violate any condition of its
NPDES permit. The City shall reinstate the wastewater contribution
permit of the industrial user and/or the wastewater treatment service
and/or the municipal water service of the industrial user upon proof
of elimination of the non-complying discharge or threat of discharge.
A detailed written statement submitted by the industrial user describing
the causes of the non-complying discharge or threatened non-complying
discharge and the measures taken to prevent any future occurrence
shall be submitted to the City within fifteen (15) days of the date
of the occurrence and prior to any restoration of service.
[R.O. 2014 §710.245; Ord. No. 629 §1(5.0.7), 11-12-1992; Ord. No. 1977, 1-14-2021]
A.
Any user who violates the following conditions of this Chapter, or
a wastewater discharge permit or order, or consent agreement with
the City, or any applicable State or Federal law, is subject to permit
revocation if:
1.
The industrial user discharges in violation of permit conditions;
2.
The industrial user fails to accurately and timely report the
wastewater constituents and characteristics of its discharge;
3.
The industrial user fails to accurately and timely report significant
changes in operations or wastewater constituents and characteristics;
4.
The industrial user refuses to provide the Superintendent (or
his/her agent) reasonable immediate access to the user's premises
for the purpose of inspection, review of the user's records,
ongoing monitoring, or ongoing sampling.
B.
Industrial users in violation of the above provisions will be served
with notice, in writing, of the proposed termination of their wastewater
permit and of the date, time and place of a show cause hearing by
the Board of Aldermen where the industrial user will be afforded the
opportunity to show why its wastewater discharge permit should not
be revoked.
[R.O. 2014 §710.250; Ord. No. 629 §1(5.0.8), 11-12-1992; Ord. No. 1977, 1-14-2021]
A.
When, after a show cause hearing according to the provisions of Section 710.220 of this Article, the Board of Aldermen finds that an industrial user has committed any of the following violations, the Board of Aldermen may order permanent severance of wastewater treatment service and permanent termination of the user's wastewater discharge permit:
1.
Failure to apply for a permit after notice by the City.
2.
Recurring significant harmful discharges in excess of that allowed
by the wastewater discharge permit.
3.
Repeated failure to report spills.
4.
Falsification of reports.
5.
Evidence of intent to improperly sample.
6.
Recurring failure to install monitoring equipment in violation
of an abatement order.
7.
Missed compliance schedule dates by more than thirty (30) days,
with no good cause for delay.
8.
Recurring violation of compliance schedule in permit.
9.
Recurring dilution of waste stream in lieu of treatment.
10.
Recurring illegal discharge in violation of an abatement order
or any other order issued pursuant to the terms of this Article.
11.
Recurring violation of the terms of a consent agreement entered
into between the industrial user and the City.
12.
Violation of an order of emergency suspension of service.
[R.O. 2014 §710.255; Ord. No. 629 §1(5.1.0), 11-12-1992; Ord. No. 1977, 1-14-2021]
If any person or industrial user discharges sewage, industrial
wastes, or other wastes into the wastewater disposal system of the
City contrary to the provisions of this Article, or any order, permit
or consent agreement issued or entered into hereunder, the Board of
Aldermen, may authorize the City Attorney (or special counsel) to
commence an action for appropriate legal and/or equitable relief in
a court of competent jurisdiction. The City may petition the court
for the issuance of a temporary restraining order or permanent injunction,
or both, as may be appropriate, which restrains or compels the activities
on the part of the industrial user, and may seek judgment for damages,
costs and expenses incurred by the City in seeking such judicial remedy,
and civil penalties as provided under State or Federal law, or this
Article.
[R.O. 2014 §710.260; Ord. No. 629 §1(5.1.1), 11-12-1992; Ord. No. 1977, 1-14-2021]
If any industrial user has violated or continues to violate
this Chapter or any order or permit issued hereunder, or the terms
of any consent agreement entered into between the industrial user
and the City, the Board of Aldermen, through counsel, shall petition
the Court for a civil penalty of not more than the maximum allowable
under State law, plus actual damages incurred by the POTW per violation
per day for as long as the violation continues. In addition to the
above described penalty and damages, the Board may seek to recover
reasonable attorney's fees, court costs, and other expenses associated
with the enforcement activities, including sampling and monitoring
expenses. The Board of Aldermen may petition the court to impose,
assess, recover and give judgment for such sums. In determining the
amount of liability, the Board, through counsel, and the court shall
take into account all the relevant circumstances, including, but not
limited to the extent of harm caused by the violation, the magnitude
and duration, any economic benefit gained through the industrial user's
violation, corrective actions by the industrial user, the compliance
history of the industrial user, and any other factors as justice may
require.
[R.O. 2014 §710.265; Ord. No. 629 §1(5.1.2), 11-12-1992; Ord. No. 1977, 1-14-2021]
If any industrial user willfully or negligently violates any
provision of this Chapter, or any orders or permits issued hereunder,
or the terms of any consent agreement entered into between the industrial
user and the Board of Aldermen, the Board of Aldermen, through counsel,
may seek criminal prosecution of the industrial user, its officers,
directors, and employees, in accordance with Section 644.076, RSMo.
[R.O. 2014 §710.270; Ord. No. 629 §1(5.1.2), 11-12-1992; Ord. No. 1977, 1-14-2021]
A.
A bypass of the treatment system by an industrial user is prohibited
unless all of the following conditions are met:
1.
The bypass was unavoidable to prevent loss of life, personal
injury or severe property damage;
2.
There was no feasible alternative to the bypass, including the
use of auxiliary treatment or retention of the wastewater; and
3.
The industrial user properly notified the Superintendent (or
his/her agent) as described in the following Subsection.
B.
Industrial users must provide immediate notice to the Superintendent
(or his/her agent) upon discovery of an unanticipated bypass. The
Superintendent (or his/her agent) may require the industrial user
to submit a written report explaining the cause(s), nature and duration
of the bypass, and the steps being taken to prevent its recurrence.
C.
An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to insure efficient operation of the treatment system. Industrial users anticipating a bypass must submit notice to the Superintendent (or his/her agent) at least ten (10) working days in advance. The Superintendent (or his/her agent) may only approve the anticipated bypass if the circumstances satisfy those set forth in Subsection (A) above.
D.
Any bypass authorized by the Superintendent (or his/her agent) shall
be authorized in writing and shall be reviewed by the Board of Aldermen
at the next regularly scheduled meeting of the Board of Aldermen.
E.
Any unauthorized bypass by an industrial user shall be reviewed by
the Superintendent (or his/her agent) who shall make a recommendation
to the Board of Aldermen on the enforcement action that should be
taken. The Board shall concur with or modify such recommendation and
shall direct such action as the Board deems appropriate.
