[Ord. No. 1209 Art. I § 5, 6-13-1983]
A.
The City may suspend the wastewater treatment service and/or a wastewater
contribution industrial user permit when such suspension is necessary,
in the opinion of the City, 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 or to the environment,
causes interference to the POTW or causes the City to violate any
condition of its NPDES permit.
B.
Any person notified of a suspension of the wastewater treatment service
and/or wastewater contribution industrial user permit shall immediately
stop or eliminate the contribution. In the event of a failure of the
person to comply voluntarily with the suspension order, the City shall
take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The City shall reinstate
the wastewater contribution industrial user permit and/or the wastewater
treatment service upon proof of the elimination of the non-complying
discharge. A detailed written statement submitted by the user, describing
the causes of the harmful contribution and the measures taken to prevent
any future occurrence, shall be submitted to the City within fifteen
(15) days of the date of occurrence.
[Ord. No. 1209 Art. I § 5, 6-13-1983]
Any user who violates the following conditions of this Chapter,
or applicable State and Federal regulations, is subject to having
his permit revoked in accordance with the procedures of this Article.
A.
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge;
B.
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics;
C.
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
D.
Violation of conditions of the permit.
[Ord. No. 1209 Art. I § 5, 6-13-1983]
Whenever the City finds that any user has violated or is violating
this Chapter, the wastewater contribution permit or any prohibition,
limitation or requirements contained herein, the City may serve upon
such person a written notice stating the nature of the violation.
Within thirty (30) days of the date of the notice, a plan for the
satisfactory correction thereof shall be submitted to the City by
the user.
[Ord. No. 1209 Art. I § 5, 6-13-1983; Ord. No. 1559 § 2, 6-18-1990]
A.
The City may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before the Board of Aldermen
why the proposed enforcement action should not be taken. A notice
shall be served on the 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 and the proposed enforcement action;
and directing the user to show cause before the Board of Aldermen
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 ten (10) days before the
hearing. Service may be made on any agent or officer of a corporation.
B.
The Board of Aldermen may itself conduct the hearing and take the
evidence or may designate any of its members or any officer or employee
of the City to:
1.
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 hearings.
2.
Take the evidence.
3.
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Board of
Aldermen for action thereon.
C.
At any hearing held pursuant to this Chapter, testimony taken must
be under oath and recorded. The transcript, so recorded, will be made
available to any member of the public or any part to the hearing upon
payment of the usual charges therefor.
D.
After the Board of Aldermen has reviewed the evidence, it may issue
an order to the user responsible for the discharge, directing that,
following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed or existing treatment operated. Further
orders and directives as are necessary and appropriate may be issued.
[Ord. No. 1209 Art. I § 5, 6-13-1983]
If any person discharges sewage, industrial wastes or other
wastes into the City's wastewater disposal system contrary to
the provisions of this Chapter or Federal or State pretreatment requirements,
or any order of the City, the City Attorney may commence an action
for appropriate legal and/or equitable relief in the Circuit Court
of the County.
[Ord. No. 1209 Art. I § 6, 6-13-1983; Ord. No. 1559 § 3, 6-18-1990]
Any user who is found to have violated an order of the Board
of Aldermen or to have willfully or negligently failed to comply with
any provisions of this Chapter, and the orders, rules, regulations
and permits issued hereunder, shall be fined not less than one hundred
dollars ($100.00), nor more than actual damages plus one hundred dollars
($100.00) for each offense. Each day on which a violation shall occur
or continue shall be deemed a separate and distinct offense. In addition
to the penalties provided herein, the City may recover reasonable
attorney's fees, court costs, court reporters' fees and
other expenses of litigation by appropriate suit at law against the
person found to have violated this Chapter or the orders, rules, regulations
and permits issued hereunder.
[Ord. No. 1209 Art. I § 6, 6-13-1983; Ord. No. 1559 § 4, 6-18-1990]
Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this Chapter,
or the wastewater contribution permit, or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required
under this Chapter, shall, upon conviction, be punished by a fine
of not more than five hundred dollars ($500.00), or by imprisonment
for not more than ninety (90) days, or by both.
