A.
The City Engineer has prepared an enforcement response plan. The
enforcement response plan, in a step-by-step fashion, outlines the
procedures to be followed to identify, document and respond to violations
by users of the POTW. All violations by users of the POTW shall be
met with some type of enforcement response. The response shall be
comprehensive and effective.
B.
The enforcement response plan:
(1)
Describes how the City Engineer will investigate instances of noncompliance.
(2)
Describes the types of escalated enforcement actions that the City
Engineer will take in response to all anticipated types of user violations
and the time periods within which to initiate and follow up these
actions.
(3)
Reflects the City Common Council's responsibility to enforce
all applicable standards and requirements.
C.
The enforcement response plan contains:
(1)
Criteria for scheduling periodic inspection and/or sampling visits
to POTW users.
(2)
Forms and guidelines for documenting compliance data in a manner
which will enable the information to be used as evidence.
(3)
Systems to track due dates, compliance schedule milestones and pending
enforcement actions.
(4)
Criteria, responsible personnel and procedures to select and initiate
an enforcement action.
D.
The range of appropriate enforcement actions shall be based on the
nature and severity of the violation and other relevant factors, such
as:
(1)
Magnitude of the violation;
(2)
Duration of the violation;
(3)
Effect of the violation on the receiving water;
(4)
Effect of the violation of the POTW;
(5)
Effect of the violation of the health and safety of the POTW employees;
(6)
Compliance history of the user;
(7)
Good faith of the user, as shall promote consistent and timely use
of enforcement remedies.
E.
The City Common Council has adopted the enforcement response plan.
The enforcement response plan, which is incorporated by reference
herein, shall be and is hereby deemed to be a part of this Part 2.
A copy of the adopted enforcement response plan may be obtained from
the City Engineer. The enforcement response plan shall be reviewed
about every five years.
A.
Notification of violation. When the City Engineer finds that a user has violated or continues to violate any provision of this Part 2, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the City Engineer may serve upon that user a written notice of violation. Within 10 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the City Engineer. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the City Engineer to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
B.
Consent orders. The City Engineer may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections D and E of this section and shall be judicially enforceable.
C.
Show-cause hearing. The City Engineer may order a user which has
violated or continues to violate any provision of this Part 2, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement to appear before the City Engineer and show
cause why the proposed enforcement action should not be taken. Notice
shall be served on the user specifying the time and place for the
meeting, the proposed enforcement action, the reasons for such action
and a request that the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested)
at least 10 days prior to the hearing. Such notice may be served on
any authorized representative of the user. A show-cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
D.
Compliance orders. When the City Engineer finds that a user has violated
or continues to violate any provision of this Part 2, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the City Engineer may issue an order to the
user responsible for the discharge directing that the user come into
compliance within a specified time. If the user does not come into
compliance within the time provided, sewer service may be discontinued
unless adequate treatment facilities, devices or other related appurtenances
are installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
E.
Cease-and-desist orders.
(1)
When the City Engineer finds that a user has violated or continues
to violate any provision of this Part 2, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement
or that the user's past violations are likely to recur, the City
Engineer may issue an order to the user directing it to cease and
desist all such violations and directing the user to:
(2)
Issuance of a cease-and-desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
F.
Administrative fines.
(1)
When the City Engineer finds that a user has violated or continues
to violate any provision of this Part 2, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
the City Engineer may fine such user in an amount not to exceed $1,000.
Such fines shall be assessed on a per-violation-per-day basis. In
the case of monthly or other long-term average discharge limits, fines
shall be assessed for each day during the period of violation.
(2)
Unpaid charges, fines and penalties shall, after 30 calendar days,
be assessed an additional penalty of 10% of the unpaid balance, and
interest shall accrue thereafter at a rate of 1.5% per month. A lien
against the user's property will be sought for unpaid charges,
fines and penalties.
(3)
Users desiring to dispute such fines must file a written request
for the City Engineer to reconsider the fine along with full payment
of the fine amount within 15 days of being notified of the fine. Where
a request has merit, the City Engineer may convene a hearing on the
matter. In the event that the user's appeal is successful, the
payment, together with any interest accruing thereto, shall be returned
to the user. The City Engineer may add the costs of preparing administrative
enforcement actions such as notices and orders to the fine.
(4)
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
G.
Emergency suspensions. The City Engineer may immediately suspend
a user's discharge, after informal notice to the user, 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 City Engineer
may also immediately suspend a user's discharge, after notice
and opportunity to respond, that threatens to interfere with the operation
of the POTW or which presents, or may present, an endangerment to
the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the City Engineer may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The City Engineer may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City Engineer that the period of endangerment has passed, unless the termination proceedings in Subsection H of this section are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the City Engineer prior to the date of any show-cause or termination hearing under Subsections C and D of this section.
(3)
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
H.
Termination of discharge.
(1)
In addition to the provisions in § 199-80 of this Part 2, any user who violates the following conditions is subject to discharge termination:
(a)
Violation of wastewater discharge permit conditions;
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c)
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
(d)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling; or
(2)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection C of this section why the proposed action should not be taken. Exercise of this option by the City Engineer shall not be a bar to, or a prerequisite for, taking any other action against the user.
A.
Injunctive relief. When the City Engineer finds that a user has violated
or continues to violate any provision of this Part 2, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the City Engineer may petition the Court
of the City of Oswego through the City Attorney for the issuance of
a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the wastewater discharge permit,
order or other requirement imposed by this Part 2 on activities of
the user. The City Engineer may also seek such other action as is
appropriate for legal and/or equitable relief, including a requirement
for the user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
B.
Civil penalties.
(1)
A user who has violated or continues to violate any provision of
this Part 2, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement shall be liable
to the City for a maximum civil penalty of $1,000 per violation, per
day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of the
violation.
(2)
The City may recover reasonable attorneys' fees, court costs
and other expenses associated with enforcement activities, including
sampling and monitoring expenses, and the cost of any actual damages
incurred by the City.
(3)
In determining the amount of civil liability, the court shall take
into account all relevant circumstances, including but not limited
to the extent of harm caused by the violation, the magnitude and duration
of the violation, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history
of the user and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
C.
Criminal prosecution.
(1)
A user who willfully or negligently violates any provision of this
Part 2, a wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement shall, upon conviction,
be guilty of a Class A misdemeanor, punishable by a fine of not less
than $500 nor more than $1,000 per violation, per day, or imprisonment
for not more than one year, or both.
(2)
A user who willfully or negligently introduces any substances into
the POTW which causes personal injury or property damage shall, upon
conviction, be guilty of a Class A misdemeanor and be subject to a
penalty of not more than $1,000 or be subject to imprisonment for
not more than one year, or both. This penalty shall be in addition
to any other cause of action for personal injury or property damage
available under state law.
(3)
A user who knowingly makes any false statements, representations
or certifications in any application, record, report, plan or other
documentation filed or required to be maintained pursuant to this
Part 2, wastewater discharge permit or order issued hereunder or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this Part 2 shall, upon conviction,
be punished by a fine of not more than $1,000 per violation, per day,
or imprisonment for not more than one year, or both.
D.
Remedies nonexclusive. The remedies provided for in this Part 2 are
not exclusive. The City Engineer may take any, all or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the City's enforcement
response plan. However, the City Engineer may take other action against
any user when the circumstances warrant. Further, the City Engineer
is empowered to take more than one enforcement action against any
noncompliant user.
A.
Performance bonds. The City Engineer may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this Part 2, a previous wastewater discharge
permit or order issued hereunder or any other pretreatment standard
or requirement, unless such user first files a satisfactory bond payable
to the City in a sum not to exceed a value determined by the City
Engineer to be necessary to achieve consistent compliance.
B.
Liability insurance. The City Engineer may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this Part 2, a previous wastewater discharge
permit or order issued hereunder or any other pretreatment standard
or requirement unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
POTW caused by its discharge.
C.
Water supply severance. Whenever a user has violated and continues
to violate any provision of this Part 2, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence,
at the user's expense, after it has satisfactorily demonstrated
its ability to comply.
