A POTW may revoke any wastewater discharge permit or septage
hauler discharge permit if the POTW finds:
A. A user or septage hauler has falsified forms, reports, information
or records submitted or retained in accordance with this Article,
or in connection with any permit application, permit or manifest submitted
or issued pursuant to this Article.
B. A user or septage hauler has violated any condition of a wastewater
discharge permit or septage discharge permit.
C. A user has refused the right of entry guaranteed pursuant to §
256-70 or a septage hauler has refused to allow a POTW to draw a sample of his septage.
D. A user or septage hauler has failed to reapply for a permit or request
a required permit modification.
E. A user or septage hauler has discharged into the POTW in violation
of this Article.
F. A septage hauler whose tank truck or other equipment is not in compliance with the requirements of §
256-86.
G. A change in circumstances requires a temporary or permanent reduction
or elimination of an otherwise permitted discharge.
A person who violates this Article shall not be entitled to
the issuance of a NOV, notice or an order. The county or the Authority
may take whatever action it deems appropriate and which is permitted
by this Article or the law to seek redress from any person who violates
this Article.
The Authority shall publish annually in the two largest local
newspapers a list of industrial users which at any time during the
previous 12 months were in significant noncompliance with applicable
pretreatment requirements. For the purpose of this provision, an industrial
user is in significant noncompliance if its violation(s) meets one
more of the following criteria:
A. Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of all of the measurements taken during
a six-month (6-month) period exceed (by any magnitude) the daily maximum
limit or the average limit for the same pollutant parameter.
B. Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month (6-month) period equal or exceed
the product of the daily maximum limit or the average limit multiplied
by the applicant 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 effluent limit (daily maximum
or longer-term average) that the Authority 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
a POTW's exercise of its emergency Authority under 40 C.F.R. § 403.8(f)(1)(vi)(B)
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, any report
required by this Article, including by way of example only, a baseline
monitoring report, a ninety-day (90-day) compliance report, a periodic
self-monitoring report and any report on compliance with compliance
schedules;
G. Failure to promptly or accurately report noncompliance;
H. Any other violation or group of violations which the POTW determines
will adversely affect the operation or implementation of the local
pretreatment program.
If additional pretreatment or operation and maintenance will
be required for an industrial user to comply with any provisions of
this Article or a state or federal pretreatment standard or requirement,
the Authority may require the industrial user to submit for approval
a schedule specifying the shortest time frame for the user to achieve
compliance. This schedule will contain increments of progress in the
form of dates for the commencement and completion of major events
leading to the construction and operation of the additional pretreatment
to bring the industrial user into compliance.
In addition to any fee required under Part 6 of this Article, a user who is in violation of §§
256-58,
256-59,
256-70 or
256-78, or is, through sampling or monitoring data or analysis obtained by the county, discovered to be making discharges in violation of this Article or the Act as defined herein shall immediately upon demand pay for all costs and expenses incurred by the county in sampling and monitoring the user's wastewater discharges or in having the user's wastewater discharges sampled and monitored by any person retained by the county for that purpose. The county may continue to obtain reimbursement of those expenditures until sampling analysis confirms that the user's wastewater discharges have been in compliance with this Article and the Act as defined herein for a period of seven consecutive operating days.
Civil action. In addition to being subject to an injunctive
action under this Article, a person who violates any provision of
this Article or any rule, regulation, order or permit adopted or issued
under this Article is liable to pay a civil penalty not exceeding
$1,000 per violation per day, to be collected in a civil action. Each
day a violation occurs is a separate violation. Each section, subsection,
rule, regulation, order or permit condition that contains a requirement
or prohibition which is violated constitutes a separate violation.