Any person violating any of the provisions of this chapter shall,
in addition, be civilly liable to the City for any expense, loss or
damage occasioned to the City by reason of such violation.
The City Attorney, on his own initiative or at the request of
the enforcement officer, shall have the right to seek equitable relief
in the name of the City to restrain the violation of or to compel
compliance with this chapter or any order or determination issued
thereunder by the enforcement officer.
[Amended 10-30-1991 by L.L. No. 4-1991; 3-15-1994 by L.L. No.
6-1994; 10-4-2016 by L.L. No. 5-2016]
The enforcement officer shall provide public notification, in
the official newspaper of the City of Fulton, of industrial users
which were significantly in violation of local or federal pretreatment
standards or requirements since the last such notice. The frequency
of such notices shall be at least once per year. For the purposes
of this section, a significant violation shall be:
A. Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of all of the measurements taken for the
same pollutant parameter during a six-month period exceed (by any
magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits;
B. Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements taken for the same
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by
the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease
and 1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment standard or requirement (daily
maximum or longer-term average, instantaneous limit, or narrative
standard) that the control authority (enforcement officer) determines
has caused, alone or in combination with other discharges, interference
or pass-through (including endangering the health of POTW personnel
or the general public).
D. 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 under Paragraph (f)(1)(vi)(B)
of 40 CFR 403.8 to halt or prevent such a discharge.
E. Failure to meet, within 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.
F. Failure to provide, within 30 days after the due date, required reports
such as baseline monitoring reports, ninety-day compliance reports,
periodic self-monitoring reports and reports on compliance schedules.
G. Failure to accurately report noncompliance.
H. Any other violation which may include a violation of best management
practices or group of violations which the control authority determines
will adversely affect the operation or implementation of the local
pretreatment program.