By connecting to or using the City's sewerage system, all
persons and users are submitting to the jurisdiction of the City,
applicable administrative agencies, municipal court and circuit court
for enforcement purposes under this chapter and this article. Enforcement
may occur as permitted below, including, but not limited to, the following:
A.
Administrative notices of noncompliance, notices of violation, orders,
or revocation of permits issued by the City, its staff or another
administrative agency having jurisdiction (such as the Department
of Natural Resources);
B.
Citations issued by the City and forfeitures prosecuted in municipal
court; and/or
C.
Complaints filed by the City in small claims or circuit court for
injunctive, equitable or other legal relief and penalties.
A.
The Wastewater Superintendent, other authorized employees of the
City, DNR representatives and United States EPA representatives bearing
proper credentials and identification shall be permitted to enter
all properties for the purposes of inspection, records examination,
observation, measurement, sampling and testing in accordance with
the provisions of this chapter to determine the compliance with the
requirements of this chapter.
B.
While performing the necessary work on private properties referred to in Subsection A above, the Wastewater Superintendent, other authorized employees of the City, the DNR and EPA shall observe all safety rules applicable to the premises established by the company.
C.
The Wastewater Superintendent, other authorized employees of the
City, the DNR and EPA bearing proper credentials and identification
shall be permitted to enter all private properties through which the
City holds a negotiated easement for the purpose of, but not limited
to, inspection, observation, measurement, sampling, repair and maintenance
of any portion of the sewerage system lying within the easement. All
entry and subsequent work, if any, on the easement shall be done in
full accordance with the terms of the negotiated easement pertaining
to the private property involved.
D.
The user shall allow the Control Authority or other authorized employees
of the City, the DNR and EPA upon presentation of credentials of identification
to enter upon the premises of the user at all hours for the purposes
of inspection, sampling or record examination and copying. The City
shall have the right to set up and maintain on the user's property
such devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering.
A.
If the Control Authority has determined that a user has violated
or is violating this chapter, the user's wastewater discharge
permit, or any other applicable local, state, or federal law, then
the Control Authority may issue to the user a notice of noncompliance.
Without notifying the user of the notice of noncompliance, the Control
Authority has the authority to take any action, including emergency
or other enforcement action to stop the violation.
B.
Any notice of noncompliance issued by the Control Authority shall:
(1)
Be in writing, personally served or delivered by certified mail,
return receipt requested;
(2)
State the nature of the violation, the approximate date and time
of the violation, and the consequences of a further violation(s);
and
(3)
Describe the administrative procedures that are available to review
the Control Authority's determination.
C.
As appropriate to the circumstances, a notice of noncompliance may
require the user to:
(1)
Require description of the nature and cause the violation, a description
and plan of the remedy action and a compliance schedule;
(2)
Require additional sampling, information and corrective action;
(3)
Require any and all other action requested by the Control Authority
to identify the nature or cause and correct the violation(s);
(4)
Attend a meeting with the Control Authority.
A.
If the Control Authority has determined that a user has violated or is violating this chapter, the user's wastewater discharge permit, or any other applicable local, state or federal law or has failed to adequately respond to a notice of noncompliance, then the Control Authority may issue to the user a notice of violation. If necessary, the Control Authority has the authority to take any action, including emergency or other enforcement action to stop the violation pursuant to § 639-37.
B.
Any notice of violation issued by the Control Authority shall:
(1)
Be in writing, personal service or delivered by certified mail, return
receipt requested; and
(2)
State the nature of the violation; the approximate date and time
of the violation(s) and actions required by the user to comply with
the notice and consequences of noncompliance and further violations;
and
(3)
If the Control Authority has determined that the user meets the criteria set forth in § 639-40, notice shall indicate that the Control Authority intends to publish the user's name according to that section; and
(4)
Describe the administrative procedures that are available to review
the Control Authority's determination.
C.
A notice of violation may require the user to:
(1)
Identify the nature, description, and cause of the violation and
submit a plan for remedial action and a compliance schedule;
(2)
Require additional sampling, information and corrective action;
(3)
Require user to take any and all action requested by the Control
Authority to correct the violations(s);
(4)
Attend a meeting with the Control Authority.
A.
If the Control Authority has determined that a user has violated or is violating this chapter, the user's wastewater discharge permit, or any other applicable local, state, or federal law, then the Control Authority may order the user to take certain action by a certain date to remedy or otherwise address a violation. Orders are effective and enforceable upon the requirements of Subsection B, unless a later effective date is specified or agreed to by the City.
A.
Pursuant to § NR 211.22(9), Wis. Adm. Code, the Control
Authority may suspend sewer service by an emergency suspension of
service order to a user when it appears to the Control Authority that
an actual or threatened discharge presents or threatens to present
an imminent or danger to the health or welfare of persons.
(1)
After informal notice to user, the Control Authority shall immediately
and effectively halt or prevent any discharge to the POTW by installing
a bulkhead.
(2)
The Control Authority may reinstate the wastewater treatment service
pending proof by the user, and judged sufficient by the Control Authority,
of the elimination of the conditions creating the threat of imminent
or substantial danger as set forth above.
B.
Pursuant to § NR 211.22(10), Wis. Adm. Code, the Control
Authority may suspend sewer service by an emergency suspension of
service order to a user when it appears to the Control Authority that
an actual or threatened discharge presents or threatens to endanger
the environment and/or the sewerage system.
(1)
After notice to user and an opportunity to respond within three days,
the Control Authority shall immediately and effectively halt or prevent
any discharge to the POTW by installing a bulkhead.
(2)
The Control Authority may reinstate the wastewater treatment service
pending proof by the user, and judged sufficient by the Control Authority,
of the elimination of the conditions creating the threat of imminent
or substantial danger as set forth above.
A.
The Control Authority may issue a bulkhead order in accordance with § 639-37, if user has failed to adequately respond to a notice of noncompliance or notice of violation.
B.
Except as provided in Subsection C, no person other than the Control Authority, DNR or other authorized persons may remove or tamper with a bulkhead.
C.
A user may remove a bulkhead only after the user has received written
permission to do so from the Control Authority.
A.
The Control Authority, by order under § 639-36, may revoke the permit of any user who violates any of the following conditions:
(1)
Failure to accurately report the wastewater constituents and characteristics
of its discharge.
(2)
Failure to report significant changes in operations, wastewater constituents
or other characteristics.
(3)
Refusal of reasonable timely access to the user's premises or
records for the purpose of inspection or monitoring.
(4)
Violation of the conditions of the permit, this chapter, an order
of the Control Authority, a judicial order or any other applicable
local, state or federal law.
(5)
Tampering or other interference with sampling or flow measurement
equipment, samples and/or analyses being conducted by or at the direction
of the Control Authority.
(6)
Failure to submit timely reports.
(7)
Failure to pay the charges, fines or other costs imposed upon the
user by the Control Authority.
(8)
Discharging any substance prohibited by this chapter.
B.
After a user has received notice that the Control Authority has revoked
the user's waste hauler's permit or wastewater discharge
permit, the user shall immediately cease all discharges to the sewerage
system from the disposal unit to which the permit applied or the facility
to which the permit applied.
Pursuant to the requirements of 40 CFR § 403.8(f)(2)(vii),
a list of the users which at any time during the previous 12 months
were in significant noncompliance with applicable pretreatment requirements
shall be annually published in a newspaper within general circulation
that provides meaningful public notice in the area served by the POTW.
The notification shall also summarize any enforcement actions taken
against the user during the same twelve-month period. A significant
industrial user is in significant noncompliance if its violation meets
one or more of the following criteria. A non-significant industrial
user has been in significant noncompliance if criteria in Subsection
D, E, or I apply:
A.
Violations which include a pattern of noncompliance over the twelve-month
period.
B.
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of the measurements taken during a six-month
period exceed by any magnitude any numeric pretreatment standard or
requirement including an instantaneous limit for the same pollutant
parameter.
C.
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements for the same pollutant
parameter taken during a six-month period equaled or exceeded the
product of the numeric pretreatment standard or requirement including
an instantaneous limit multiplied by the applicable TRC (TRC equals
1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants,
except pH).
D.
Any other violation of a pretreatment effluent limit that the Control
Authority determines has caused, along or in combination with other
discharges, interference or pass through, including endangering the
health of sewerage system personnel or the general public.
F.
Failure to meet within 90 days a compliance schedule milestone contained
in a permit or enforcement order for starting construction, completing
construction or obtaining final compliance.
G.
Failure to provide within 45 days of the due date required reports
containing all required monitoring results and other information,
such as baseline monitoring reports, ninety-day compliance reports,
periodic self-monitoring reports and reports on compliance with compliance
schedules.
H.
Failure to accurately report noncompliance.
I.
Any other violation or group of violations which may include a violation
of required best management practices by the user when the Control
Authority determines noncompliance will adversely affect the operation
or implementation of the local pretreatment program.
A.
Forfeitures set forth in this section may be prosecuted in Municipal
Court, in addition to or in lieu of any other administrative remedy
notice, order or appeal set forth in this chapter or otherwise allowed
by law.
B.
Any person or user who is found to have violated an order of the Control Authority or City Council or who failed to comply with any provision of this chapter or any order, rule, regulation or permit issued hereunder may be subject to forfeitures as established in this section, § 1-4, and other costs as allowed by law. Except as otherwise expressly stated herein, each day on which a violation occurs or continues may be deemed a separate and distinct offense. Forfeitures may be assessed as follows:
(1)
For an accidental discharge, the violator may be subject to a minimum
forfeiture of $50 for each offense.
(2)
For a failure to report an accidental discharge, the violator may
be subject to a minimum forfeiture of $1,500 for each offense.
(3)
For a significant noncompliance (as set out in § 639-40) in a six-month period, the violator may be subject to a minimum forfeiture of $250 per day of documented violations.
(4)
For significant noncompliance (as set out in § 639-40) in two consecutive six-month periods, the violator may be subject to a minimum forfeiture of $500 per day of documented violations.
(5)
For violations which result in the City violating its WPDES permit,
the violator may be subject to a minimum forfeiture of $1,000 per
day of WPDES violation.
(6)
For failure to provide a required report on schedule, the violator
may be subject to a minimum forfeiture of $100 for reports one to
14 days late, $250 for reports 15 to 30 days late, $500 for reports
31 to 60 days late, and $600 per day for reports 61 days late or later.
(7)
For violation of a pretreatment standard or requirement, including local limits under § 639-15A, the violator may be subject to a minimum forfeiture of $1,000 per day for each violation.
(8)
For any other violation of or noncompliance with any provision, order,
rule, regulation or permit hereunder that is not otherwise listed
above, the violator may be subject to a minimum forfeiture of $50
for each offense.
C.
Citations for forfeitures for violations of this chapter or noncompliance
with any provision, order, rule, regulation or permit hereunder may
be issued by the Control Authority, the City police, or City Attorney.
D.
The City reserves the right to also pursue the above forfeitures
or other civil penalties allowed by law for violations of this chapter
in any appropriate court, agency or jurisdiction. Nothing herein shall
be construed to limit, restrict or waive the City's authority
to pursue any other civil or administrative right or remedy in any
appropriate court, agency or jurisdiction as may otherwise be provided
by law, including, but not limited to, injunctive or equitable relief.
In addition to the forfeitures provided herein, the City may recover
reasonable attorneys' fees, court costs, court reporters'
fees and other expenses of litigation against the person found to
have violated this chapter or any order, rule, regulation or permit
issued hereunder.
Any user violating any of the provisions of this chapter or
who has a discharge which causes a deposit, obstruction, damage or
other impairment to the sewerage system shall become liable to the
City for any expense, loss or damage caused by the violation or discharge.
The City may add to the user's charges and fees the costs assessed
for any cleaning, repair or replacement work caused by the violation
or discharge.
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be subject to a penalty as provided in § 1-4 of this Code.
Change of ownership or occupancy of premises delinquent under
provisions of this chapter shall not be cause for reducing or eliminating
charges due and penalties.
A.
Notice of appeal. Any user directly aggrieved by an order under §§ 639-36 to 639-39 may file a notice of appeal with the City.
(1)
The notice shall state the grounds upon which the aggrieved user
contends the order should be modified or reversed. The notice shall
be received by the City within 30 days of the date of the order.
B.
Notice of hearing. Upon receipt of a notice of appeal, the City will schedule a hearing before the Hearing Board comprised as described in Subsection C and will service notice of the hearing on the aggrieved user no less than 10 days before the hearing date.
C.
Hearing Board. Unless otherwise directed by the City Council through
resolution, the Hearing Board may be comprised of the Director of
Public Works, City Engineer, Wastewater Superintendent, City Attorney
and one Council member as appointed by the President of the City Council.
The Hearing Board shall have the authority to:
(1)
Issue in the name of the City Council notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in the hearings; and
(2)
Take evidence; and
(3)
Issue a decision based on its review of the hearing evidence provided. The Hearing Board may set such terms and conditions in its decision as are necessary and appropriate to protect the City's sewerage system. If the user violates an order issued under this section, the City may take action in accordance with Subsection E.
D.
Hearing process.
(1)
In general. The Hearing Board shall preside over a hearing under
this chapter and shall take evidence on the reasons why the order
should not be upheld.
(2)
Burden of proof. The user shall have the burden to prove why the
order should not be upheld.
(3)
Transcripts. At any hearing held pursuant to this chapter, testimony
taken must be under oath. A transcript will be made available to any
member of the public or any party to the hearing upon request and
payment of the usual charges thereof. Such request must be made within
90 days of the hearing.
E.
Judicial proceedings. Following the entry of any order by the City
with respect to the conduct of a user contrary to the provisions of
this chapter the City Attorney may, following the authorization of
the action by the City, commence an action for appropriate legal and/or
equitable relief in the appropriate local court. The City may take
further action pursuant to this chapter or as otherwise allowed by
law.
F.
Certiorari. A user subject to an order issued under this section
may seek review of that order by certiorari within 30 days of the
final order.
