[R.O. 2009 §13.16.450]
A.
When
the Director of Utilities shall find that a violation of this Chapter
exists, he/she may post a notice upon the property where the violation
exists, stating in such notice the time in which the same is to be
done and shall also direct a copy of such notice, by certified mail,
to the owner at his/her last known address, provided that if the Director
of Utilities shall find that an emergency exists, he/she may immediately
cause the violation to be abated or corrected. If such violation is
not corrected within the time specified in such notice, the Director
may cause such violation to be abated or corrected.
B.
Whenever
the Director of Utilities shall have caused any violation to be abated
or corrected pursuant to this Section, he/she shall certify the costs
thereof to the City Council and the owner of the property on which
such violation was abated or corrected shall be civilly liable to
the City for the costs of such abatements or correction.
D.
In the event of a violation of this Chapter ten (10) days after the notice provided in Article VII, Section 715.340(A), the Director may effect the discontinuance of the discharge of sewage from the premises where such violation originated into the City sewers.
[R.O. 2009 §13.16.460]
The violation of any provision of this Chapter is declared to
be a misdemeanor and any person violating any provision of this Chapter
may be punished by a fine of not less than fifty dollars ($50.00)
nor more than five hundred dollars ($500.00), plus costs for each
violation. Each day in which a violation of this Chapter shall continue,
shall constitute a separate offense. The imposition of a fine under
this Section shall not relieve any person of any liability to the
City of Sikeston, Missouri, by reason of the other provisions of this
Chapter.
[R.O. 2009 §13.16.470]
Any person violating any of the provisions of this Chapter shall
become civilly liable to the City for any expense, loss or damage
occasioned the City by reason of such violation.
[R.O. 2009 §13.16.480]
If any person violating any provisions of this Chapter beyond the time limit set forth under the provision of Article VII, the Director may order work done by the City utility as deemed necessary to prevent continued violation of this Chapter and shall make a charge against the user for the reasonable cost of such work. In the event a user's discharge shall cause a deposit or obstruction or damage to any public sewer or the wastewater system, the Director shall cause such deposit or obstruction to be removed promptly or cause such damage to be repaired. The Director shall keep an account of the cost of such work including material, labor and supervision and shall certify an account of such cost to the user causing such deposit, obstruction or damage.
[R.O. 2009 §13.16.490]
Any person who knowingly makes any false statements, representation or certification in any application, questionnaire, record, report, plan or other document filed or required to be maintained pursuant to this Chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method shall, upon conviction, be subject to the penalties stipulated in Article VII, Section 715.350.
[R.O. 2009 §13.16.500]
A.
A list
of the users who have been significantly non-compliant with applicable
pretreatment requirements and provisions of this Chapter during the
previous twelve (12) months shall be published annually by the Director
in the largest daily newspaper published in the area. For the purpose
of this provision, an industrial user is in significant non-compliance
if its violation meets one (1) or more of the following criteria:
1.
Chronic
violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of all the measurements taken
during a six (6) month period exceed (by any magnitude) the daily
maximum limit of the average limit for the same pollutant parameter;
2.
Technical
review criteria (TRC) violations, defined here as those in which thirty-three
percent (33%) or more of all the measurements for each pollutant parameter
taken during a six (6) month period equal or exceed the product of
the daily maximum limit or the average limit multiplied by the applicable
TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all
other pollutants except pH);
3.
Any
other violation of a pretreatment effluent limit (daily maximum or
longer term average) that the control authority determines has caused
alone or in combination with other discharges, interference or pass
through (including endangering the health or POTW personnel or the
general public);
4.
Any
discharge of a pollutant that has caused imminent endangerment to
human health, welfare or to the environment or has resulted in the
POTW's exercise of its emergency authority to halt or prevent such
a discharge;
5.
Failure
to meet, within ninety (90) days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction or attaining
final compliance;
6.
Failure
to provide, within thirty (30) days after the due date, required reports
such as baseline monitoring reports, ninety (90) day compliance reports,
periodic self-monitoring reports and reports on compliance with compliance
schedules;
7.
Failure
to accurately report non-compliance;
8.
Any
other violation or group of violations which the control authority
determines will adversely affect the operation or implementation of
the local pretreatment program.
