The POTW shall annually publish in the legal newspaper and a
local newspaper both of general circulation in which the POTW is located,
a list of Industrial Users who committed significant violations of
any Pretreatment Requirement or Standard during the previous 12 months.
The notification shall also summarize any enforcement actions taken
against those Industrial Users during the same 12 months.
A.
Notice of violation and compliance meeting. Should a violation of
this ordinance by an Industrial User occur, whether or not a Significant
Industrial User, the POTW shall notify the offending User, in writing,
through a "Notice of Violation" as to the particulars of such violation
or violations and set a time and place for meeting (hereinafter called
a "Compliance Meeting") to be attended by representatives of the POTW
and the Industrial User. The purpose of such a meeting shall be to
establish such procedures, investigations, studies and compliance
measures as the POTW deems necessary and desirable to control and
prevent violation of this ordinance. The Industrial User shall cooperate
fully with the POTW in making such investigations and studies.
B.
Order.
1.
Following the completion of any procedures, investigations or studies as described in § 117.505A above, the POTW may issue an Order which may:
a.
Require compliance with applicable Pretreatment Standards and Requirements;
b.
Control the contribution to the POTW to ensure compliance with applicable
pretreatment standards and requirements;
c.
Require: (A) the development of a compliance schedule for the installation
of technology required to meet applicable pretreatment standards and
requirements and (B) the submission of all notices and self-monitoring
reports as are necessary to assess and assure compliance by Industrial
Users with Pretreatment Standards and Requirements, including but
not limited to the reports required by 40 CFR 403.12.
2.
If the POTW has sufficient information at the time of the compliance
meeting to determine necessary and desirable compliance measures,
it may, at the time of the compliance meeting, issue an Order directing
and requiring the Industrial User to take such action, including pretreatment,
without further investigation or study.
3.
Failure to comply with the Order of the POTW shall be deemed a violation
of the Ordinance and may be grounds for revocation of the Industrial
User's Wastewater Discharge Permit and grounds for such other
actions as may be authorized for violation of this Ordinance.
A.
Conditions for revocation or suspension. Any Significant Industrial user who violates this ordinance, an Order issued pursuant to § 117.505B of this ordinance, the Rules of Missouri Department of Natural Resources or the Federal Act, or regulations promulgated under either act, or does any of the following, is subject to having its Wastewater Discharge Permit revoked or suspended in accordance with the procedures of this § 117.510:
1.
Fails to fully and accurately report the wastewater constituents
and characteristics of its wastewater discharge as determined by the
Industrial User's or POTW's analysis;
2.
Fails to fully and accurately report significant changes in process
activity which could affect its wastewater discharge or wastewater
constituents and characteristics;
3.
Refuses reasonable access to the Industrial User's premises
by POTW representatives for the purpose of inspection or monitoring;
4.
Tampers with, disrupts, or destroys POTW equipment;
5.
Fails to report an accidental discharge of a pollutant;
6.
Fails to report an Upset of the Industrial User's treatment
facilities; or
7.
Violates any condition of the Wastewater Discharge Permit.
B.
Procedures for revocation or suspension.
1.
The POTW may order any Industrial User who causes or allows any action which is subject to revocation or suspension under § 117.510A above to show cause before the Board of Aldermen why its Wastewater Discharge Permit should not be revoked or suspended. A notice shall be served on the Industrial User specifying the time and place of a hearing to be held by the Board of Aldermen regarding the violation, the reasons why the action is to be taken, the proposed action, and directing the Industrial User to show cause before the Board of Aldermen why its Wastewater Discharge Permit should not be revoked or suspended. 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.
2.
The Board of Aldermen may itself conduct the hearing and take the
evidence, or may designate any of its members or its attorney to:
a.
Issue in the name of the Board of Aldermen notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearing;
b.
Take the evidence;
c.
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Board of
Aldermen for action thereon.
3.
At any hearing held pursuant to this ordinance, testimony taken must
be under oath and recorded stenographically or by tape recording.
The transcript of said hearing will be made available to any member
of the public or any party to the hearing upon payment of the usual
copying charges therefore.
4.
After the Board of Aldermen has reviewed the evidence, it may issue
an order to the Industrial User responsible for the discharge directing
either: a) that the Wastewater Discharge Permit be revoked or suspended
and the service be disconnected, or b) that following a specified
time the Wastewater Discharge Permit shall be revoked or suspended
and sewer service discontinued unless adequate treatment facilities,
devices or other related appurtenances have been installed and operated
properly to comply with the Wastewater Discharge Permit, or c) direct
the user to cease the unauthorized discharge effective after a specified
period of time, or d) that such other action as deemed necessary by
the Board of Aldermen to abate the discharge be done by the Industrial
User. Further orders and directives as are necessary may be issued.
5.
Following an order of revocation or suspension of its Wastewater
Discharge Permit, the Industrial User shall cease discharging to the
POTW in accordance with the terms of said Order. Failure to do so
shall be prima facie evidence of continuing harm to POTW and provide
grounds for the granting of injunctive relief or temporary restraining
orders.
The POTW may, upon discovering an ongoing or potential discharge to the POTW which presents or may present a danger to the environment or which threatens to Interfere with the operation of the POTW, immediately issue an order to the responsible Industrial User to show cause before the Board of Aldermen why the POTW should not disconnect service, revoke or suspend the Industrial User's Wastewater Discharge Permit or seek injunctive relief to prohibit the Industrial User from making the discharge to the POTW. Procedures to be followed by the Board of Aldermen in said show cause hearing shall be in accordance with Article V, § 117.510B of this Ordinance. After said hearing, the POTW may disconnect service, revoke or suspend the Wastewater Discharge Permit, or seek injunctive relief to prohibit the Industrial User from making this discharge to the POTW.
A.
Conditions for immediate disconnection of service. Any Industrial
User is subject to immediate disconnection of service under either
of the following conditions:
1.
Whenever immediate disconnection is required to halt or prevent any
discharge of pollutants to the POTW which reasonably appears to the
Superintendent to present an imminent endangerment to the health or
welfare of persons; or
2.
Whenever the Industrial User's Wastewater Discharge Permit is
revoked.
B.
Procedures for immediate disconnection.
1.
Notwithstanding § 117.505, 117.510 or 117.515 of this Ordinance, the Superintendent shall have the authority, after informal notice to the Industrial User, to immediately and effectively halt or prevent any discharge of pollutants to the POTW that reasonably appears to present an imminent endangerment to the health or welfare of persons. When the Superintendent determines that such an emergency situation exists, he shall issue a verbal order (followed immediately by a written order) to the Industrial User stating the problem and requiring immediate cessation of the discharge. The Superintendent actions may include disconnection of wastewater collection service. The Superintendent shall obtain the concurrence of the POTW attorney before initiating action. Methods of informal notice shall include, but not be limited to, any of the following: personal conversation between the Industrial User and POTW employees, telephone calls, letters, hand delivered messages or notices posted at the Industrial User's premises or point of discharge.
Any Industrial User notified of a disconnection of wastewater treatment service under § 117.515 or 117.520 and/or revocation or suspension of its Wastewater Discharge Permit shall immediately stop or eliminate the discharge. In the event of a failure of the Industrial User to comply voluntarily with the disconnection or revocation or suspension order, the POTW shall take such steps as deemed necessary, including immediate blockage or severance of the sewer connection, to prevent or minimize damage to the POTW system or danger to any person. If the Superintendent exercises his authority under § 117.520A1, the Superintendent shall reinstate the wastewater treatment service upon proof of the elimination of the non-complying discharge.
A.
The POTW may institute a civil action for an injunction to restrain
violations of this ordinance.
B.
The POTW, may, upon discovering an ongoing or potential discharge
of pollutants to the POTW which reasonably appears to present an imminent
danger to the health or welfare of persons, seek and obtain from the
circuit court of Lincoln County a temporary restraining order or preliminary
injunction to halt or prohibit such discharge. Prior to the POTW intention
to file such action. Methods of informal notice shall include, but
not be limited to, any of the following: personal conversation between
discharger and the POTW employees, telephone calls, letters, hand
delivered messages or notices posted at the discharger's premises
or point of discharge. Personal contact between the POTW personnel
and the discharger shall be attempted, but shall not be condition
precedent to POTW petitioning for the obtaining a temporary restraining
order.
A.
In addition to remedies available to the POTW set forth elsewhere
in this ordinance, if the POTW is fined by the State of Missouri or
USEPA for violation of the POTW NPDES permit or violation of water
quality standards as the result of discharge of pollutants, then the
fine, including all the POTW legal, sampling analytical testing costs
and any other related costs shall be charged to the responsible Industrial
User. Such charge shall be in addition to, and not in lieu of, any
other remedies the POTW may have under this Ordinance, statutes, regulations,
at law or in equity.
B.
If the discharge from any Industrial User causes a deposit, obstruction
or damage to any of the POTW wastewater facility, the POTW shall cause
the deposit or obstruction to be promptly removed or cause the damage
to be promptly repaired. The cost for such work, including materials,
labor, and supervision, shall be borne by the person or Industrial
User causing such deposit, obstruction, or damage.
C.
The remedies provided in this ordinance shall not be exclusive and
the POTW may seek whatever other remedies are authorized by statute,
at law or in equity against any person or Industrial User violating
the Provisions of this ordinance.
