[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
When the Manager finds that a user has violated, or continues
to violate, any provision of this Chapter, an individual wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Manager may serve upon that user a written
notice of violation. Within thirty (30) days of the receipt of such
notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions,
shall be submitted by the user to the Manager. Submission of such
a plan in no way relieves the user of liability for any violations
occurring before or after receipt of the notice of violation. Nothing
in this Section shall limit the authority of the Manager to take any
action, including emergency actions or any other enforcement action,
without first issuing a notice of violation. At the discretion of
the Manager, a letter of warning or other informal communication may
be made for out-of-compliance violations.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
The Manager may enter into consent orders, assurances of compliance,
or other similar documents establishing an agreement with any user
responsible for non-compliance. Such documents shall include specific
action to be taken by the user to correct the non-compliance within
a time period specified by the document.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
The Manager may order a user which has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement to appear before the Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user and required by Section 715.190(A). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
B.
The Board of Aldermen may itself conduct the hearing and take the
evidence, or may designate the City Administrator to:
1.
Issue in the name of the Board of Aldermen notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings;
2.
Take the evidence; and
3.
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Board of
Aldermen for action thereon.
C.
At any hearing held pursuant to this Chapter, testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
When the Manager finds that a user has violated, or continues
to violate, any provision of this Chapter, an individual wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Manager may issue an order to the user
responsible for the discharge directing that the user come into compliance
within a specified time. If the user does not come into compliance
within the time provided, sewer service may be discontinued unless
adequate treatment facilities, devices, or other related appurtenances
are installed and properly operated. Compliance orders also may contain
other requirements to address the non-compliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
When the Manager finds that a user has violated, or continues to
violate, any provision of this Chapter, an individual wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, or that the user's past violations are likely
to recur, the Manager may issue an order to the user directing it
to cease and desist all such violations and directing the user to:
1.
Immediately comply with all requirements; and
2.
Take such appropriate immediate remedial or preventive action
as may be needed to properly address a continuing or threatened violation,
including halting operations and/or terminating the discharge. Issuance
of a cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
Any person in violation of the provisions of this Chapter may be
prosecuted therefor and, upon conviction, subject to a fine in an
amount not less than one hundred dollars ($100.00) nor more than five
hundred dollars ($500.00). Each day such violation continues shall
constitute a separate offense.
B.
Issuance of a fine under this Section shall not be a bar against,
or a prerequisite for, taking any other action against the user pursuant
to this Chapter.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
The Manager may immediately suspend a user's discharge, after
informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The Manager may also immediately suspend
a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW, or which
presents, or may present, an endangerment to the environment.
1.
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Manager that the period of endangerment has passed, unless the termination proceedings in Section 715.540 of this Chapter are initiated against the user.
2.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Manager prior to the date of any show cause or termination hearing under Sections 715.480 or 715.530 of this Chapter.
B.
Nothing in this Section shall be interpreted as requiring a hearing
prior to any emergency suspension under this Section.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
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 punished by a fine of
not more than five hundred dollars ($500.00) or by imprisonment for
not more than ninety (90) days, or by both.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
In addition to the provisions in Section 715.250 of this Chapter, any user who violates the following conditions is subject to discharge termination:
1.
Violation of individual wastewater discharge permit conditions;
2.
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
3.
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
4.
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 715.480 of this Chapter why the proposed action should not be taken. Exercise of this option by the Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.
