The purpose of this article is to set forth enforcement provisions
to assure equitable and consistent administration of this chapter.
A.
Any person who: 1.) discharges sewage, industrial wastes or other
wastes into the water resource recovery facilities contrary to the
provisions of this chapter, federal, or state law, regulation, order,
any order or bylaw of the City, related to water resource recovery
facilities, or 2.) otherwise violates any provision of this chapter,
federal, or state law, regulation, order, any order or bylaw of the
City, related to water resource recovery facilities, or 3.) violates
a permit issued hereunder, shall be served by the Director with written
notice of violation, stating the nature of the violation and providing
a reasonable time limit for the satisfactory correction thereof. That
person shall, within the time period specified in such notice of violation,
permanently cease, correct, abate, or remediate all violations. An
explanation of the violation and a plan for satisfactory correction
and prevention thereof, to include specific required actions, shall
be submitted by that person to the Director during the period provided
for correction of the violation. Submission of this plan in no way
relieves the person of liability for any violations occurring before
or after receipt of the notice of violation.
B.
If that person fails to take the required action specified in the
notice of violation or in the plan submitted by the violator, or the
violation continues, the City may take those reasonable and/or necessary
actions to correct, alleviate, abate, or remediate the violation.
Any costs incurred by the City to do so shall be at the expense of
the person.
C.
Any person who continues any such violation beyond the time limit
provided for in the notice of violation or refuses to correct or abate
the violation shall be fined in the amount not exceeding $1,000 for
each violation, with each day of a continuing violation constituting
a new violation. In the case of monthly or other long-term average
discharge limits, fines shall be assessed for each day during the
period of violation. (Reference: 38-M.R.S.A. § 1046, relative
to pretreatment standards violations) Where multiple sections of this
chapter or terms of a WDP are violated each one shall be deemed a
separate violation. The City may institute a civil action to recover
fines and costs for violations, and in addition to or in the alternative,
may seek equitable relief, including but not limited to temporary
or permanent injunctive relief.
D.
Any person violating any of the provisions of this chapter, or federal
or state law, regulation, order, WDP, or any order of the City related
to water resource recovery facilities, shall become liable to the
City for any expense, loss or damage occasioned the City by reason
of such violation, including but not limited to costs and reasonable
attorneys' fees to enforce this chapter. Any such liability shall
be in addition to fines and equitable relief sought by the City in
connection with a notice of violation.
E.
Any discharger violating any of the provisions of this chapter or who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the WRRF shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The City shall bill the discharger for the costs incurred by the City for any cleaning, repair or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of this article. The City has the right to collect such fines per provisions of Article XIV.
F.
The City may enter into consent orders, assurances of voluntary compliance
or other similar documents establishing an agreement with any person
responsible for a violation or noncompliance. Such documents will
include specific action to be taken by the person to correct the violation
or noncompliance within a time period specified by the agreement.
G.
Nothing in this section shall limit the authority of the City to
take any action, including emergency actions or any other enforcement
action, without first issuing a written notice of violation. Issuance
of an administrative fine shall not be a bar against, or a prerequisite
for, taking any other action against the discharger.
In the conduct of enforcement under Article XVIII, the City may take any or all of the following range of actions and penalties to address non-compliance and violations:
|
Action
|
Application
|
Description
|
User Response
|
|---|---|---|---|
|
Warning
|
Instance of noncompliance
|
Warning notice advising user of instance of noncompliance
|
Address instance of noncompliance and report back to WRRD
|
|
Notice of noncompliance
|
Significant instance of noncompliance
|
Notice advising user of instance of noncompliance
|
Investigation, report, and statement of corrective action
|
|
Notice of violation
|
Significant instances of noncompliance or any discharge which
threatens the City's WRRFs and/or general public
|
Cease and desist order requiring compliance within specified
timeline
|
Formal compliance plan and schedule, interim and final compliance
progress report(s)
|
A penalty fee may be assessed to any discharger for each day
that a report required by this chapter, a permit, or order issued
hereunder is late, beginning five days after the date the report is
due (higher penalties may also be assessed where reports are more
than 30 to 45 days late). Such fee shall be set by the City Council's
fee schedule. Actions taken by the City to collect late reporting
penalties shall not limit the Director's authority to initiate
other enforcement actions that may include penalties for late reporting
violations.
Any person who knowingly makes any false statement, representation
or certification in the application, 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 required under this chapter shall pay
a civil penalty of $1,000 for each violation occurring. (Reference:
38-M.R.S.A. § 1046, relative to pretreatment standards violations)
The Director may immediately suspend a discharger's discharge,
after informal (verbal) notice to the discharger, whenever such suspension
is necessary to stop an actual or threatened discharge, which reasonably
appears to present, or cause an imminent or substantial endangerment
to the health or welfare of persons. The Director may also immediately
suspend a nonresidential user's discharge, after notice and opportunity
to respond, that threatens to interfere with the operation of the
WRRF, or which presents, or may present, a danger to the environment.
The City may seek to permanently terminate wastewater services
to any discharger that:
A.
Fails to factually report the wastewater constituents and characteristics
of its discharge;
B.
Fails to report the wastewater constituents or characteristics;
C.
Refuses reasonable access to the discharger premises by representatives
of the City for the purpose of inspection or monitoring;
D.
Fails to submit accidental discharge protection procedures to the
City by the specified date;
E.
Violates WDP conditions or permit limitations; or
F.
Violates the conditions of this chapter or any final judicial order
entered with respect thereto.
Following the entry of any order by the City with respect to the conduct of a discharger contrary to the provisions of § 176-18.07, the City Attorney may commence an action for appropriate legal and/or equitable relief in Court.
The remedies provided for in this chapter are not exclusive.
The Director may take any combination of these actions against a noncompliant
discharger. The Director may take other action against any discharger
when the circumstances warrant. Further, the Director is empowered
to take more than one enforcement action against any noncompliant
discharger.
