[Amended by L.L. No. 1-1997]
As provided in this article, the provisions and requirements
of this chapter, or any order, permit, license or approval issued
hereunder shall be enforced by any or all of the following enforcement
remedies:
A.
Notice of violation;
B.
Show cause hearing;
C.
Compliance order;
D.
Consent order;
E.
Cease and desist order;
F.
Suspension of treatment services or wastewater permit, or both;
G.
Revocation of a permit, license, or approval;
H.
Administrative fine;
I.
Civil penalties;
J.
Injunctive relief; and
K.
Criminal penalties.
Whenever the Superintendent finds that any user has violated
or is violating or contributes to the violation of this chapter, the
user's wastewater discharge permit, or any prohibition, limitation
or requirements contained herein, the Superintendent may serve upon
such user a written notice stating the nature of the violation. Within
10 days of the receipt of the notice by or on behalf of the user,
a plan for the satisfactory correction and prevention thereof, to
include specific required action, shall be submitted to the Superintendent
by the user. Submission of such a plan does not relieve the user of
liability under this chapter for any violations occurring before or
after receipt of the notice of violation.
A.
The Superintendent may order any user who has violated or is violating
or contributing to the violation of this chapter, the user's wastewater
discharge permit, any order issued hereunder, or any prohibition or
limitation of requirements contained herein, to show cause before
the Superintendent why the proposed enforcement action should not
he taken. A notice shall be served on the user specifying the time
and place of a hearing to be held by the Superintendent regarding
the violation, the reasons why the action is to be taken, the proposed
enforcement action, and directing the user to show cause before the
Superintendent why the 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 10 days before
the hearing. Service may be made on any agent or officer of a corporation.
Even if a user is ordered to show cause, the City may concurrently
pursue other enforcement remedies.
B.
The Superintendent shall conduct the hearing, take evidence and issue
notices of hearing requesting the attendance and testimony of witnesses
and the production of evidence relevant to any matter involved in
such hearings. The Superintendent shall decide which testimony, documents
and other exhibits are to be admitted into evidence. The Superintendent
shall admit all evidence which is relevant, material or of probative
value, but the rules of evidence shall not be applicable to a hearing
conducted by the Superintendent.
C.
At any hearing held pursuant to this chapter, testimony taken will
be under oath and recorded steno graphically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges therefor.
D.
After the Superintendent has reviewed the evidence, the Superintendent
may refer the matter to the Corporation Counsel for judicial enforcement,
revocation of the permit, license or approval, or for issuance of
a compliance order to the user or quash the enforcement proceedings.
Further orders and directives as are necessary and appropriate may
be issued.
When the Superintendent finds that any user has violated or
is violating or contributes to the violation of this chapter, the
user's wastewater discharge permit, or any prohibition, limitation
or requirement contained herein, the Superintendent may issue an order
to the user directing that, following a specified period, sewer service
shall be discontinued unless adequate treatment facilities, devices,
or other related appurtenances have been installed and are properly
operated. Orders may also contain such other requirements as are reasonably
necessary and appropriate to address the noncompliance, including
but not limited to the installation of pretreatment technology, additional
self-monitoring, and revised management practices.
The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with a user responsible for the noncompliance. Consent orders shall state the specific action to be taken by the user to correct the noncompliance within a time period specified therein. Consent orders shall have the same force and effect as compliance orders issued pursuant to § 278-55.
When the Superintendent finds that any user has violated or
is violating or contributes to the violation of this chapter, the
user's wastewater discharge permit, or any prohibition, limitation,
or requirement contained herein, the Superintendent may issue an order
to cease and desist all such violations and direct those persons in
noncompliance to:
The Superintendent may suspend wastewater treatment service
or a wastewater discharge permit, or both, or any other permit, license,
or approvals when such suspension is necessary, as determined by the
Superintendent, in order to stop an actual or threatened discharge
which presents or may present an imminent or substantial endangerment
to the health or welfare of persons, the environment, or the POTW,
or which causes the City to violate any condition of its SPDES permit.
The user shall be notified of the suspension in writing by the Superintendent
and the suspension shall be effective immediately upon the user's
receipt of such notice.
A.
Any user notified of a suspension of wastewater treatment service,
a wastewater discharge permit, or both, or any other permit, license,
or approval, shall, upon receipt of notification of suspension, immediately
stop or eliminate the contribution or discharge. In the event of a
failure of a user to immediately comply voluntarily with the suspension
order, the Superintendent shall take such steps as deemed necessary,
including, but not limited to, immediate severance of the sewer connection,
to prevent or minimize damage to the WPCP or sewer system or endangerment
to any individuals or the environment. The Superintendent shall reinstate
the wastewater discharge permit, the wastewater treatment service,
or both, or any other suspended permit, license or approval, upon
proof of the elimination of the non complying discharge and upon proof
that the endangerment has passed. However, notwithstanding the provisions
of this section, no suspension shall be lifted if revocation proceedings
have been commenced against the user.
B.
A detailed written statement describing the causes of the harmful
contribution or discharge and the measures taken to prevent any future
occurrence shall be submitted by the user to the Superintendent within
15 days after the date of the commencement of the occurrence.
A.
The permit, license, or approval of any user may be revoked in accordance
with the procedures of this article of this chapter for any of the
following violations:
(1)
Failure of a user to factually report the wastewater constituents
and characteristics of the user's discharge;
(2)
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises for the purposes
of inspection or monitoring; or
(4)
Violation of an order, wastewater discharge permit, any other City-issued
permit, license or approval, or applicable state or federal regulations.
B.
Prior to revocation of any permit, license or approval, an order
to show cause shall be issued as provided in this article.
A.
Any user which experiences an upset in operations that places it
in a temporary state of noncompliance, which is not the result of
operational error, improperly designed treatment facilities, lack
of preventive maintenance, or careless or improper operation, shall
inform the Superintendent thereof, by telephone or other means, within
one hour of becoming aware of the upset. Where such information is
given orally, a written report thereof shall be filed by the user
within five days. The report shall contain:
(1)
A description of the upset, its cause(s), and the impact on the discharger's
compliance status;
(2)
The duration of noncompliance, including exact dates and times of
noncompliance, and, if the noncompliance is continuing, the time by
which compliance is reasonably expected to be restored; and
(3)
All steps taken or planned to reduce, eliminate, and prevent recurrence
of such an upset.
B.
A user which complies with the notification provisions of this section
in a timely manner shall have an affirmative defense to an enforcement
action brought by the Superintendent for any noncompliance with this
chapter, or an order, permit, license, or approval issued hereunder,
which arises out of violations attributable to and alleged to have
occurred during the period of the documented and verified upset.
C.
A bypass of the treatment system is prohibited unless all of the
following conditions are met.
D.
Users must provide notice to the Superintendent, by telephone or
other means, within one hour of discovery of an unanticipated bypass.
If necessary, the Superintendent may require the 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
E.
A user bypass may be approved by the Superintendent which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Users anticipating a bypass must submit notice to the Superintendent at least 10 days in advance. The Superintendent may approve the anticipated bypass only if the circumstances satisfy those set forth in Subsection C of this section.
A.
Any final action or decision of the Superintendent, which is an exercise
of enforcement powers authorized in this chapter, may be appealed
by the user or person aggrieved by the final enforcement action or
decision.
B.
For purposes of determining when an appeal is allowed, the following
actions or decisions shall be considered final actions or decisions
of the Superintendent:
(1)
Issuance of a compliance order;
(2)
Issuance of a cease and desist order;
(3)
Suspension of wastewater treatment service, a wastewater discharge
permit, or any other permit, license or approval, for a period longer
than 30 days;
(4)
Revocation of wastewater treatment service, a wastewater discharge
permit, or any other permit, license or approval;
(5)
Severance of a sewer connection for a period longer than 30 days;
or
(6)
Levy of an administrative fine.
C.
All other actions and decisions of the Superintendent shall not be
appealable, including, but not limited to:
(1)
Issuance of a notice of violation;
(2)
Issuance of a show cause order;
(3)
Issuance of a notice of hearing;
(4)
Rulings, decisions and actions regarding the admissibility of evidence
and any other matter arising in connection with the conduct of an
enforcement hearing;
(5)
Enter into or accepting consent orders, assurances of voluntary compliance
or similar documents establishing an agreement with a user responsible
for noncompliance;
D.
All appeals shall be commenced by filing a written notice of appeal
with the Superintendent within 15 days after the final action or decision
of the Superintendent. If a notice of appeal is not timely filed,
then the final action or decision of the Superintendent shall be binding,
nonappealable, and enforceable in subsequent judicial proceedings,
civil or criminal, or both.
E.
All appeals authorized hereunder shall be heard by the Common Council.
Upon the filing of a timely notice of appeal, the Superintendent shall
deliver all records, documents, evidence, hearing transcripts, data,
and all other relevant information to the Common Council.
F.
The Common Council shall conduct a hearing on the appeal, shall issue notices of the hearing, and may request the attendance and testimony of witnesses and the production of evidence relevant to the appeal. The Common Council shall admit all evidence which is relevant, material or of probative value, but the rules of evidence shall not apply to the appeal hearing. The provisions of Subsection C of § 278-54 shall apply to the appeal hearing.
G.
The appeal to the Common Council shall be de novo. The Common Council
may affirm, reverse or modify the actions or decisions of the Superintendent
which are challenged in the appeal.
H.
The Common Council shall issue written findings of fact and conclusions
of law in its resolution of the appeal.
The Superintendent, through the Corporation Counsel, may petition
a court of competent jurisdiction for a preliminary or permanent injunction,
or both, restraining or compelling activities of a user who has violated
this chapter, or any permit, license, approval or order issued hereunder.
If a user violated this chapter or any permit, license, approval
or order issued hereunder, the Superintendent, through the Corporation
Counsel, may commence an action for appropriate legal or equitable
relief, or both, including, but not limited to, enforcement of any
orders issued hereunder, in a court of competent jurisdiction.
The Superintendent shall publish, at least annually in the largest
daily newspaper circulated in the service area, a description of those
users who are found to be in significant violation of this chapter
or any permit, license, approval or order issued hereunder during
the period since the previous publication.
