[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Every violation of the provisions of this chapter and every
failure to comply with any notice given under authority of this chapter
shall constitute a nuisance per se.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008; 1-17-2018 by Ord. No.
1719; amended 12-4-2019 by Ord. No. 1776]
Except for a violation which is specifically designated in this
chapter as a misdemeanor violation, a person who violates or fails
to comply with the provisions of this chapter or any of the sections
or subsections within this chapter is responsible for a municipal
civil infraction and subject to the civil fines set forth below and
any other relief that may be imposed by the court. Each act of violation
and each day upon which such violation occurs shall constitute a separate
violation. For this chapter, the schedule of civil fines for municipal
civil infractions and recurring offenses is as follows:
|
Violation Type
|
Nature of Violation
|
Sections
|
First Offense Fine
|
Second Offense Fine
|
Third Offense Fine
|
Period for Recurring Offense
|
|---|---|---|---|---|---|---|
|
See Note 1
| ||||||
|
General
|
Sewage system tampered with or damaged
|
29-5
|
$100
|
$250
|
$500
|
1 year
|
|
Unlawful disposal of waste
|
29-6
|
$500
|
N/A
|
N/A
|
N/A
| |
|
Discharge into storm drain or natural drain
|
29-7
|
$500
|
N/A
|
N/A
|
N/A
| |
|
Failure to connect to public sewer
|
29-8
|
$100
|
N/A
|
N/A
|
N/A
| |
|
Unsanitary conditions exist
|
29-9
|
$100
|
$250
|
$500
|
1 year
| |
|
Private Sewage Disposal
|
Failure to obtain private sewage system permit
|
29-26
|
$100
|
$250
|
$500
|
1 year
|
|
Failure to have private sewage system inspected
|
29-27
|
$100
|
$250
|
$500
|
1 year
| |
|
Discharge of private septic system into public sewage system
|
29-28
|
$100
|
N/A
|
N/A
|
N/A
| |
|
Failure to operate private disposal system in a sanitary manner
|
29-30
|
$100
|
$250
|
$500
|
1 year
| |
|
Discharge of prohibited waste
|
29-31
|
$100
|
$250
|
$500
|
1 year
| |
|
Building Sewers and Connections
|
Failure to obtain sanitary sewer connection permit
|
29-34
|
$100
|
$250
|
$500
|
1 year
|
|
Opening or connecting with public sewer without permission
|
29-35
|
$100
|
$250
|
$500
|
1 year
| |
|
Failure to install interceptor device
|
29-42
|
$100
|
N/A
|
N/A
|
N/A
| |
|
Discharge of wastes not containing sewage
|
29-43
|
$0
|
$100
|
$500
|
1 year
| |
|
Failure to disconnect roof drain after notification
|
29-44
|
$500
|
N/A
|
N/A
|
N/A
| |
|
Failure to have building sewer connection Inspected
|
29-45
|
$100
|
$250
|
$500
|
1 year
| |
|
Violation Type
|
Nature of Violation
|
Sections
|
Isolated
|
Recurring
|
Significant
|
Period For Recurring Offense
|
|---|---|---|---|---|---|---|
|
See Notes 1 & 2
| ||||||
|
Pretreatment Discharge Violation
|
Unpermitted discharge; no permit was obtained
|
29-68
|
$500
|
$1,000
|
$2,000
|
1 year
|
|
Any discharge that causes pass-through or interference (see
Note 4)
|
29-49
|
N/A
|
N/A
|
$1,000
|
1 year
| |
|
Any discharge that causes pass-through or interference (2nd
time) (see Note 4)
|
29-49
|
N/A
|
N/A
|
$2,000
|
1 year
| |
|
Any discharge that causes pass-through or interference (3rd
or more) (see Note 4)
|
29-49
|
N/A
|
N/A
|
$5,000
|
1 year
| |
|
Any discharge that endangers human health or the environment
or has caused the POTW to exercise its emergency authority
|
29-15(g)
|
N/A
|
N/A
|
$10,000
|
1 year
| |
|
Failure to meet compliance date by 30 days
|
$0
|
N/A
|
N/A
|
1 year
| ||
|
Failure to meet compliance date by 60 days
|
$250
|
N/A
|
N/A
|
1 year
| ||
|
Failure to meet compliance date by 90 days
|
N/A
|
N/A
|
$500
|
1 year
| ||
|
Failure to accurately report noncompliance (1st time)
|
29-55
|
N/A
|
N/A
|
$0
|
N/A
| |
|
Failure to accurately report noncompliance (2nd time)
|
29-55
|
N/A
|
N/A
|
$500
|
N/A
| |
|
Failure to accurately report noncompliance (3rd time)
|
29-55
|
N/A
|
N/A
|
$1,000
|
N/A
| |
|
Failure to properly operate and maintain pretreatment facility
|
29-52
|
$0
|
$500
|
$1,000
|
1 year
| |
|
Waste stream is diluted in lieu of treatment
|
29-53
|
$500
|
$1,000
|
$2,000
|
1 year
| |
|
Discharge of waste that causes obstruction
|
29-49
|
$0
|
$100
|
$500
|
1 year
| |
|
Pretreatment Record-keeping Violation
|
Failure to develop spill prevention and slug control plans
|
29-54
|
$100
|
$0
|
$0
|
1 year
|
|
Copies of records denied
|
29-57
|
$0
|
$500
|
$1,000
|
1 year
| |
|
Pretreatment Reporting Violation
|
Failure to provide reports within 30 days
|
Division 4
|
N/A
|
N/A
|
$500
|
1 year
|
|
Failure to report spill or changed discharge (no harm)
|
29-55
|
$0
|
$500
|
$1,000
|
1 year
| |
|
Failure to report spill or changed discharge (harm)
|
29-55
|
$500
|
$1,000
|
$2,000
|
1 year
| |
|
Incomplete or missing records or reports
|
29-57
|
$0
|
$0
|
$500
|
1 year
| |
|
Failure to report additional monitoring
|
29-80.4
|
$0
|
$100
|
$500
|
1 year
| |
|
Failure to notify of bypass
|
29-75
|
$100
|
$500
|
$1,000
|
1 year
| |
|
Pretreatment Monitoring Violations
|
Failure to monitor all pollutants according to permit
|
$0
|
$100
|
$500
|
1 year
| |
|
Failure to install monitoring equipment
|
29-74
|
$0
|
$100
|
$500
|
1 year
| |
|
Sampling at incorrect location
|
29-80.4
|
$0
|
$100
|
$500
|
1 year
| |
|
Sampling using incorrect sampling type
|
29-80.4
|
$0
|
$100
|
$500
|
1 year
| |
|
Sampling using incorrect sample collection techniques
|
29-80.2
|
$0
|
$100
|
$500
|
1 year
| |
|
Failure to use proper analytical requirements
|
29-80.2
|
$0
|
$100
|
$500
|
1 year
| |
|
Other Pretreatment Violations
|
Failure to post POTW phone number in facility
|
29-56
|
$0
|
$100
|
$500
|
1 year
|
|
Failure to train employees in emergency notification procedures
|
29-56
|
$0
|
$100
|
$500
|
1 year
| |
|
Entry for site visit denied or consent withdrawn
|
29-60
|
$0
|
$500
|
$1,000
|
1 year
| |
|
Failure to meet compliance deadlines for existing or new source
|
29-61
|
$500
|
$1,000
|
$2,000
|
1 year
| |
|
Other
|
Any other violation of Chapter 29
|
$100
|
$250
|
$500
|
1 year
| |
|
Violation Type
|
Nature of Violation
|
Sections
|
Isolated
|
Significant
|
Period For Recurring Offense
|
|---|---|---|---|---|---|
|
See Notes 1 & 2
| |||||
|
Pre-treatment Discharge Violation
|
Violation of discharge limit
|
29-49
|
$0
|
$500
|
1 year
|
|
Violation of applicable Technical Review Criteria (TRC) (See
Notes 3 & 4)
|
29-49
|
$0
|
$1,000
|
1 year
| |
|
Note 1: N/A means the offense accumulation time is not applicable
or each offense is considered to be a separate and new offense or
each is considered to be significant.
|
|
Note 2: Notwithstanding civil penalty amounts delineated on
this schedule, any violation delineated shall be subject to a civil
penalty of not less than $1,000 per day.
|
|
Note 3: TRC = 140% for BOD, TSS, fats, oil, and grease, and
120% for all other pollutants except pH which has no TRC.
|
|
Note 4: All mercury violations will be handled as outline in
the control authority's Enforcement Response Plan (ERP).
|
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
A person who violates any provision of this chapter that is
listed below is guilty of a misdemeanor. Such misdemeanors are subject
to a fine of not more than $500 or the maximum allowable under state
law, plus costs and other sanctions, or by imprisonment for a period
not to exceed 90 days, or both. Misdemeanor violations include:
(a)
Intentional unpermitted discharge;
(b)
Falsification of monitoring report;
(c)
Improper sampling, with evidence of intent to falsify or mislead;
(d)
Intentional failure to install monitoring equipment after deadline
was established by administrative order;
(e)
Intentional recurring violation of compliance schedule in permit,
or a violation of a compliance schedule in an administrative order;
and
(f)
Illegal discharge when the discharge causes harm and there is evidence
of intent.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
A person who violates any provision of this chapter is subject
to the administrative remedies described herein in addition to being
responsible for a municipal civil infraction or a misdemeanor.
(a)
Notification of violation. Whenever the control authority finds that
any user has violated or is violating any provision of this chapter,
or a wastewater discharge permit or order issued hereunder, the control
authority may serve upon said user written notice of the violation.
Within 10 days of the receipt date of such notice, the user shall
submit to the control authority an explanation of the violation and
a plan for the satisfactory correction and prevention thereof, including
specific required actions. 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.
(b)
Consent order. The control authority is empowered to enter into consent
orders, assurances of voluntary compliance, and other similar documents
establishing an agreement with the user responsible for the noncompliance.
Such documents will include compliance schedules, stipulated fines
or penalties, remedial actions, and signatures of the control authority
and user. Consent orders shall have the same force and effect as administrative
orders issued pursuant to this section.
(c)
Show cause order. The control authority may order any user which
violates this chapter, wastewater discharge permit, or order issued
hereunder, to show cause why a 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 principal
executive, general partner, or corporate officer. Enforcement action
may be pursued as appropriate, whether or not a duly notified user
appears as noticed.
(d)
Compliance order. When the control authority finds that a user has
violated or continues to violate this chapter or a wastewater discharge
permit issued thereunder, an order may be issued to the user responsible
for the violation directing that, following a specified time period,
sewer service shall be discontinued unless adequate treatment facilities,
devices, or other related appurtenances have been installed and are
properly operated, and compliance is achieved. In addition or as an
alternative, orders may contain such other requirements as might be
reasonably necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional
self-monitoring, and management practices.
(e)
Cease and desist order. When the control authority finds that a user
has violated or continues to violate this chapter or a wastewater
discharge permit issued thereunder, an order may be issued to the
user responsible for the violation directing that such violation cease
and desist immediately.
(1)
In an emergency, the order to cease and desist may be given
by telephone.
(2)
In a nonemergency situation, the cease and desist order may
be used to suspend or permanently revoke industrial wastewater discharge
permits.
(3)
The cease and desist order may order the user to take such appropriate
remedial or preventive action as may be needed to properly address
a continuing or threatened violation, including halting operations
and terminating the discharge.
(f)
Administrative fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision under this chapter, or permits and orders issued thereunder, may be fined in an amount of $1,000 per day, or the maximum allowable under state law per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments shall be added to user's next scheduled sewer service charge, and the control authority shall have such other collection rights and remedies as designated by law and this chapter to collect said service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Users desiring to appeal such fines must comply with Section 29-24 of this chapter.
(g)
Emergency suspension. The control authority may suspend the wastewater
treatment service and the wastewater discharge permit of a user whenever
such suspension is necessary in order to stop an actual or threatened
discharge that presents or causes an imminent or substantial endangerment
to the health or welfare of persons, the POTW, or the environment.
(1)
Any user notified of a suspension of the wastewater treatment
service or wastewater discharge permit shall immediately stop or eliminate
its discharge. If a user fails to immediately comply voluntarily with
the suspension order, the control authority shall take such steps
as are deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to any person, the POTW,
or the environment. The control authority shall allow the user to
recommence its discharge when the endangerment has passed, unless
termination proceedings are initiated against the user.
(2)
A user who is responsible (in whole or in part) for imminent endangerment shall submit a detailed written statement to the control authority describing the causes of the harmful discharge and the measures taken to prevent any future occurrence. Such statement shall be submitted prior to the date of any appeals hearing as may be scheduled in accordance with Section 29-24.
(h)
Termination of wastewater discharge permit. Any industrial user who
violates the following conditions of his or her wastewater discharge
permit or any applicable state or federal law is subject to permit
termination.
(1)
Failure to accurately report the wastewater constituents and
characteristics.
(2)
Failure to report significant changes in operations or wastewater
constituents and characteristics.
(3)
Refusal of reasonable access to the user's premises for the
purposes of inspection, monitoring, or sampling.
|
Noncompliant users shall be notified of the proposed termination of their wastewater discharge permit and be offered an opportunity to show cause under the provisions of Section 29-15(c) why the proposed action should not be taken.
|
(i)
Annual publication of IUs in significant noncompliance. The control authority shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those users which are found to be in significant noncompliance, as defined in Section 29-3 of this chapter, with any provisions of this chapter or any permit or order issued hereunder during the period since the previous publication.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
A person who violates any provision of this chapter is subject
to the judicial remedies described herein in addition to being responsible
for a municipal civil infraction, a misdemeanor, or an administrative
remedy.
(a)
Injunctive relief. Whenever a user has violated or continues to violate
the provisions of this chapter or permit or order issued hereunder,
the control authority, through counsel may petition the court for
the issuance of a preliminary or permanent injunction or both (as
may be appropriate) which restrains or compels the activities on the
part of the user.
(b)
Civil fines.
(1)
Any user who has violated or continues to violate this chapter
or any order or permit issued hereunder, may be liable to the POTW
for a civil fine of up to $1,000, plus actual damages incurred by
the POTW per violation per day for as long as the violation continues
depending on the application of the facts and circumstances of the
violation. In addition to the above described penalty and damages,
the POTW may recover reasonable attorney's fees, court costs, and
other expenses associated with the enforcement activities, including
sampling, monitoring and analysis expenses.
(2)
The control authority shall petition the court to impose, assess,
and recover such sums. In determining amount of 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, 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.
(c)
Criminal prosecution.
(1)
Violations generally.
a.
Any user who violates Section 29-14 shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $500 or the maximum allowable under state law per violation per day or imprisonment for not more than 90 days or both.
b.
In the event of a second conviction, the user shall be punishable
by a fine not to exceed $500 or the maximum allowable under state
law per violation per day or imprisonment for not more than 90 days
or both.
(2)
Falsifying information. Any user who knowingly or intentionally
makes any false statements, representations, or certifications 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 or intentionally
renders inaccurate any monitoring device or method required under
this chapter shall, upon conviction, be punished by a fine in an amount
not to exceed $500 or the maximum allowable under state law per violation
per day or imprisonment for not more than 90 days or both.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
A person who violates any provision of this chapter is subject
to supplemental enforcement remedies described herein in addition
to being responsible for a municipal civil infraction, a misdemeanor,
an administrative remedy, or a judicial remedy.
(a)
Performance bonds/letters of credit. The control authority may decline
to reissue a permit to any user which has failed to comply with the
provisions of this chapter or any order or previous permit issued
hereunder unless such user first files with it a satisfactory bond
or letter of credit, payable to the control authority, in a sum not
to exceed a value determined by the control authority to be necessary
to achieve consistent compliance.
(b)
Liability insurance. The control authority may decline to reissue
a wastewater discharge permit to any user which has failed to comply
with the provisions of this chapter or any order or previous permit
issued hereunder, unless the user first submits proof that it has
obtained financial assurances sufficient to restore or repair POTW
damage caused by its discharge.
(c)
Water supply severance. Whenever a user has violated or continues
to violate the provisions of this chapter or an order or permit issued
hereunder, water service to the user may be severed and service will
only recommence, at the user's expense, after it has satisfactorily
demonstrated its ability to comply.
(d)
Public nuisances. Any violation of the prohibitions or effluent restrictions of this chapter or permit or order issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the control authority. Any person(s) creating a public nuisance shall be subject to the provisions of Chapter 19 of the City Code governing such nuisance, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
As used in this chapter, "recurring offense" means a second
(or any subsequent) municipal civil infraction violation of the same
requirement or provision of this chapter committed by a person within
any six-month period or for any two successive six-month periods for
which the person admits responsibility or is determined to be responsible.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Each day in which any violation shall continue shall be deemed
a separate offense.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Fines and costs incurred by any person found to be in violation
of this chapter that are not paid within the time frame allocated
shall become a lien against the user's property.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Any person violating any of the provisions of this chapter shall
become liable to the City for any expense, loss, or damage (including
attorney fees) incurred by the City by reason of such violation.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
The provisions of this chapter shall not be construed to limit
the powers of the enforcing officer or other public officials or bodies
to proceed to abate a health nuisance or a pollutant discharge in
violation of ordinance limits, nor shall the provisions of this chapter
be construed to provide adequate protection under all situations.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
If the enforcing officer determines that additional or more
strict requirements are necessary to avoid the creation or extension
of a health nuisance or a pollutant discharge in violation of ordinance
limits, he or she shall enter an appropriate order setting forth the
requirements and the conditions making such requirements necessary.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Except for an appeal pursuant to Section 29-73 or notices of violation (including such notices issued as a civil infraction under Section 29-13), or administrative consent orders, or emergency actions as defined herein, or a variance pursuant to Section 29-46, any decision relating to the enforcement of this chapter may be appealed to the Board of Directors of the BPW or the Council of the City, whichever is the enforcing body for that decision, on written request of an aggrieved person. Unless this chapter specifically designates the Council of the City as the enforcing body, all appeals under this section shall be appealed to the Board of Directors of the Board of Public Works.
(a)
In the event a petition to review is not filed within 15 days of
being notified of a violation, fine, or cost, the failure to file
such an appeal shall be deemed a waiver of any and all administrative
appeal rights.
(b)
In its petition, the appealing party shall state the basis for its
appeal, the reasons in support of its appeal, and any alternative
relief which the aggrieved party seeks.
(c)
During the pendency of the appeal, the applicant must comply with
the enforcement action for which the appeal is taken.
(e)
The enforcing body's decision shall be made within 30 days of receiving
the appeal request.
(f)
The decision of the enforcing body shall be the final administrative
action for purposes of judicial review.
