[Ord. No. 8020, 11-13-2017]
Whenever a user has violated or continues to violate any provision
of this Chapter, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, water service to
the user may be severed at the direction of the City Council of the
City of Maryville. Service will only recommence at the user's
expense and after user has satisfactorily demonstrated its ability
to comply with all applicable standards or requirements.
[Ord. No. 8020, 11-13-2017]
A violation of any provision of this Chapter, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement is hereby declared a public nuisance and shall be corrected
or abated as directed by the Wastewater Treatment Superintendent.
Any person(s) creating a public nuisance shall be subject to the provisions
of the City Code governing such nuisances, including reimbursing the
City of Maryville for any costs incurred in removing, abating, or
remedying said nuisance.
[Ord. No. 8020, 11-13-2017]
At the direction of City Council, and in addition to or as an
alternative remedy from the provisions otherwise noted herein, when
a user has violated, or continues to violate, any provision of this
Chapter; a wastewater discharge permit or order issued hereunder;
or, any other pretreatment standard or requirement, the City Attorney
may seek the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the wastewater
discharge permit, order, or other requirement imposed by this Chapter
or by the activities of the user. The City Attorney may also seek
such other action as is appropriate for legal and/or equitable relief,
including a requirement that the user conduct environmental remediation.
A petition for injunctive relief shall not be a bar against, nor a
prerequisite for, taking any other action against a user.
[Ord. No. 8020, 11-13-2017]
Violation of this Chapter includes any user who knowingly makes
any false statements, representations, certifications in any application,
record, report, plan, or other documentation filed, or required to
be maintained, pursuant to this Chapter, wastewater discharge permit,
or order issued hereunder, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this Chapter.
[Ord. No. 8020, 11-13-2017]
It shall be unlawful for any person to violate any provision
of this Chapter. Upon conviction thereof, such person shall be judged
guilty of a misdemeanor and punished by a fine not exceeding five
hundred dollars ($500.00) or be punished by incarceration for a period
not to exceed ninety (90) days, or by both such fine and incarceration.
Each day's violation of, or failure, refusal, or neglect to comply
with any provision of this Chapter shall constitute a separate and
distinct offense.
[Ord. No. 8020, 11-13-2017]
The remedies provided for in this Chapter are not exclusive.
The City of Maryville may take any, all, or any combination of these
actions against a non-compliant user. Enforcement of pretreatment
violations will generally be in accordance with the City of Maryville's
enforcement response plan. However, the City of Maryville may take
other action against any user when the circumstances warrant, and
is empowered to take more than one (1) enforcement action against
any non-compliant user.
