[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]
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.
(d) 
The enforcing body shall:
(1) 
Deny the appeal,
(2) 
Grant the appeal,
(3) 
Grant the appeal with additional conditions.
(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.