[Ord. No. 544 §7-1, 2-7-2005]
If an official who has a duty to perform under this Code has
been refused access to a building, structure or property or any part
thereof and if such official has probable cause to believe that there
may be a violation of this Chapter or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
of the City designed to verify compliance with this Chapter or any
permit or order issued under this Chapter or to protect the overall
public health, safety and welfare of the community, then upon application
by the City Attorney to the Municipal Court Judge and a showing of
the above, the Municipal Court Judge of the City shall issue a search
and/or seizure warrant describing therein the specific location subject
to the warrant. The warrant shall specify what, if anything, may be
searched and/or seized on the property described. Such warrant shall
be served at reasonable hours and only by an official of the department
in the company of a uniformed Police Officer of the City.
[Ord. No. 544 §7-2, 2-7-2005]
A.
Notification Of Violation. Whenever the Director finds that
any user has violated or is violating this Chapter, a wastewater contribution
permit or order issued under this Chapter or any other pretreatment
standard or requirement, the Director or his/her agent may serve upon
the user a written notice of violation. Within the time specified
in the 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 Director.
Submission of this plan in no way relieves the user of liability for
any violation occurring before or after receipt of the notice of violation.
Nothing in this Section shall limit the authority of the POTW to take
any action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
B.
Consent Orders. The Director is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for non-compliance. Such orders will include specific action to be taken by the user to correct the non-compliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to Subsections (D) and (E) of this Section.
C.
Show Cause Hearing. The Director may order any user which
causes or contributes to violations of this Chapter, wastewater contribution
permits or orders issued under this Section or any other pretreatment
standard or requirement to appear before the Director and show cause
why a proposed enforcement action should not be taken. Notice shall
be served on the user specifying the time and place for the meeting,
the proposed enforcement action, the reasons for such action and a
request that the user show cause why this 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. Such
notice may be served on any authorized representative of the user.
Whether or not the user appears as ordered, immediate enforcement
action may be pursued following the hearing. A show cause hearing
shall not be a prerequisite for taking any other action against the
user.
D.
Compliance Orders. When the Director finds that a user has
violated or continues to violate this Chapter, wastewater contribution
permits or orders issued under this Article or any other pretreatment
standard or requirement, the Director may issue an order to the user
responsible for the discharge directing that the user come into compliance
within a time as specified by the Director. If the user does not come
into compliance within the time specified by the Director, sewer service
may be discontinued unless adequate treatment facilities, devices
or other related appurtenances are installed and properly operated.
Compliance orders may also 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 POTW. A compliance order may not extend the deadline for compliance
established for a Federal pretreatment standard or requirement, nor
does a compliance order release the user of liability for any violation,
including any continuing violation. Issuance of a compliance order
shall not be a prerequisite to taking any other action against the
user.
E.
Cease And Desist Orders. When the Director finds that a
user is violating this Chapter, the user's wastewater contribution
permit, any order issued under this Section or any other pretreatment
standard or requirement or that the user's past violations are likely
to recur, the Director may issue an order to the user directing it
to cease and desist all such violations and directing the user to:
F.
Issuance Of Order. Issuance of a cease and desist order
shall not be a prerequisite to taking any other action against the
user.
[Ord. No. 544 §7-3, 2-7-2005]
A.
In addition to the provisions in Section 705.540, any user who violates any of the following conditions may be subject to disconnection from the POTW:
1.
Violation of wastewater contribution 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;
6.
Failure to comply with an order by the Director to correct a violation
within the time specified by such order.
B.
The
Director may disconnect the violator from the POTW, revoke any permits
issued by the City under which the activity is conducted, including
any permit issued under this Chapter, and seek termination of City
utilities or other public or private utility services to the building
or structure wherein the activity is conducted.
[Ord. No. 544 §7-4, 2-7-2005]
A.
When
the Director finds that an emergency exists, he/she shall require
the violator to immediately cause the violations to be abated or corrected.
If the violator cannot be contacted within a reasonable time or fails
or refuses to abate or correct the violation, the Director may abate
or correct the violation.
B.
When the Director has abated or corrected any violation, he/she shall certify the costs thereof to the City Collector and the owner of the property on which such violation was abated or corrected shall be civilly liable to the City for the costs of such abatement or correction. Violation may also result in denial or revocation of a permit to contribute to the POTW under Section 705.540. Costs shall include all costs attributable to such abatement or correction, including all wages and salaries of City employees for their time directly attributable to the abatement or correction.
[Ord. No. 544 §7-5, 2-7-2005]
If a person violates this Chapter, a wastewater contribution
permit or any order issued under this Article, the Director may cause
a Municipal Court summons to be issued and he/she may also request
the City Attorney to institute the appropriate legal proceedings to
obtain an injunction to restrain, correct or abate such violation
of the provisions of this Code.
[Ord. No. 544 §7-6, 2-7-2005]
A.
Criminal Penalties. Any person violating any of the provisions of this Chapter or failing to comply with any order, permit or certificate issued under the provisions of this Chapter shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in jail for a period not exceeding ninety (90) days, or by both such fine and imprisonment. Each violation per day after the posting of notice shall be deemed a separate offense. Notice, as set forth in Section 705.790, shall not be required in order to prosecute a person for a violation of any provisions of this Chapter, except such notice shall be required to prosecute a person for failure to comply with an order.
B.
Civil Penalties. Failure to comply with an order which has
been duly posted, which interferes with the POTW or significantly
contributes to any violation or requirement of the POTW's NPDES permit
or any violation of any of the provisions of this Chapter or the failure
to comply with any order, permit or certificate issued under the provisions
of this Chapter shall be subject to civil penalties not to exceed
five hundred dollars ($500.00) per day per violation.
[Ord. No. 544 §7-7, 2-7-2005]
A.
Upset. For the purposes of this Section, the term "upset" means an exceptional incident in which there is
unintentional and temporary non-compliance with pretreatment standards
because of factors beyond the reasonable control of the industrial
user. An upset does not include non-compliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance or careless
or improper operation.
1.
An upset shall constitute an affirmative defense to an action brought for non-compliance with pretreatment standards if the requirements of Subsection (A)(2) of this Section are met.
2.
An industrial user who wishes to establish the affirmative defense
of upset shall demonstrate, through properly signed, contemporaneous
operating logs or other relevant evidence, that:
a.
An upset occurred and the industrial user can identify the cause
of the upset.
b.
The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance
procedures.
c.
The industrial user has submitted the following information to the
POTW within twenty-four (24) hours of becoming aware of the upset;
if this information is provided orally, a written submission must
be provided within five (5) days:
(1)
A description of the indirect discharge and cause of non-compliance.
(2)
The period of non-compliance, including exact dates and times,
or, if not corrected, the anticipated time the non-compliance is expected
to continue.
(3)
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the non-compliance.
3.
In any enforcement proceeding, the industrial user seeking to establish
the occurrence of an upset shall have the burden of proof.
4.
Industrial users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for non-compliance
with pretreatment standards.
5.
The industrial user shall control production or all discharges to
the extent necessary to maintain compliance with pretreatment standards
upon reduction, loss or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things,
the primary source of power of the treatment facility is reduced,
lost or fails.
B.
Restricted Discharges. An industrial user shall have an affirmative defense to an enforcement action brought against it for non-compliance with the restricted discharges in Section 705.280 if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
1.
A local limit exists for each pollutant discharged and the industrial
user was in compliance with each limit directly prior to and during
the pass through or interference; or
2.
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when the
POTW was regularly in compliance with its NPDES permit and, in the
case of interference, was in compliance with applicable sludge use
or disposal requirements.
C.
Bypass.
1.
For the purposes of this Section, the terms shall mean:
a.
BYPASS: The intentional diversion of wastestreams
from any portion of an industrial user's treatment facility.
b.
SEVERE PROPERTY DAMAGE: Substantial physical damage
to property, damage to the treatment facilities which cause them to
become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
2.
An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provision of Subsections (C)(3) and (C)(4) of this Section.
3.
Notice of bypass.
a.
If an industrial user knows in advance of the need for a bypass,
it shall submit prior notice to the Director at least ten (10) days
before the date of the bypass if possible.
b.
An industrial user shall submit oral notice of an unanticipated bypass
that exceeds applicable pretreatment standards to the Director within
twenty-four (24) hours from the time it becomes aware of the bypass.
A written submission shall also be provided within five (5) days of
the time the industrial user becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times and, if
the bypass has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate and prevent
reoccurrence of the bypass. The Director may waive the written report
on a case-by-case basis if the oral report has been received within
twenty-four (24) hours.
4.
Enforcement action exceptions.
a.
Bypass is prohibited and the Director may take enforcement action
against an industrial user for a bypass, unless:
(1)
Bypass was unavoidable to prevent loss of life, personal injury
or severe property damage;
(2)
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
[Ord. No. 544 §7-8, 2-7-2005]
The imposition of the penalties prescribed in Section 705.830 shall not prevent the City Attorney from instituting appropriate action to prevent or to restrain, enjoin, correct or abate a violation or nuisance or to prevent an illegal act or conduct in or about any premises in violation of this Chapter.
[Ord. No. 544 §7-9, 2-7-2005]
Any person who shall occupy the user's premises as a tenant
under any rental or lease agreement shall be jointly and severally
responsible for compliance with the provisions of this Chapter in
the same manner as the owner.
[Ord. No. 544 §7-10, 2-7-2005]
The Director shall develop and implement an enforcement response
plan in accordance to 40 CFR 03.8(f)(5). Enforcement of pretreatment
violations will generally be in accordance with the City's enforcement
response plan. However, the City reserves the right to take other
action against any user when the circumstances warrant. Further, the
City is empowered to take more than one (1) enforcement action against
any non-compliant user. These actions may be taken concurrently.
