Whenever the Superintendent finds that any industrial user has
violated or is violating this Chapter, or a wastewater permit or order
issued hereunder, the Superintendent or his/her agent may serve upon
said user notification in accordance with the Enforcement Response
Plan. The user shall respond to any notification from the City in
accordance with such notification. Submission of this response in
no way relieves the user of liability for any violations occurring
before or after receipt of any such notification. Nothing in this
Section shall limit the authority of the Superintendent to take any
action, including emergency actions or any other enforcement action,
without first issuing notification in accordance with the Enforcement
Response Plan.
[1]
Editor's Note: Ord. No. 2016-38 also changed the title
of this Section from "Notification of Violation" to "Notice of Non-Compliance."
[R.O. 2011 §715.560; Ord. No. 91-43 §10.2, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
The Superintendent is hereby empowered to enter consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the non-compliance. Such orders will include specific action to be taken by the industrial 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 administrative orders issued pursuant to Section 715.580 below.
[R.O. 2011 §715.570; Ord. No. 91-43 §10.3, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
A show cause hearing is a formal meeting requiring the industrial
user to appear, explain its non-compliance, and show cause as to why
more severe enforcement actions against the user should not go forward.
The meeting may also serve as a forum to discuss corrective action
and compliance schedules.
B.
The Superintendent may order any industrial user which causes or
contributes to violation of this Chapter or wastewater permit or order
issued hereunder, to 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
and 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) at least ten (10) days
prior to the hearing. 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
date. A show cause hearing shall not be a prerequisite for taking
any other action against the user.
C.
The City Council may itself conduct the hearing and take the evidence,
or may designate any of its members to:
1.
Issue in the name of the City Council notices of hearing requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
2.
Take the evidence;
3.
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the City Council
for action thereon.
D.
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.
[R.O. 2011 §715.580; Ord. No. 91-43 §10.4, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
When the Superintendent finds that a user has violated or continues
to violate this Chapter wastewater discharge permits or orders issued
hereunder, or any other pretreatment standard or requirement, he/she
may issue an order to the user responsible for the discharge directing
that the user come into compliance within thirty (30) days. If the
user does not come into compliance within thirty (30) days, sewer
service shall 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 sewer. 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.
[R.O. 2011 §715.590; Ord. No. 91-43 §10.5, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
When the Superintendent finds that an industrial user has violated
or continues to violate this Chapter, or any permit or order issued
hereunder, the Superintendent may issue an order to cease and desist
all such violations and direct those persons in non-compliance to:
B.
Issuance of a cease and desist order shall not be a prerequisite
to taking any other action against the user.
[[R.O. 2011 §715.610; Ord. No. 91-43 §10.6, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
Notwithstanding any other Section of this Chapter, any user who is
found to have violated any provision of this Chapter, or permits and
orders issued hereunder, shall be fined in an amount not to exceed
one thousand dollars ($1,000.00) per violation (or maximum allowed
by State law, which is less). Each day on which non-compliance shall
occur or continue shall be deemed a separate and distinct violation.
Such assessments may be added to the user's next scheduled sewer
service charge and the Superintendent shall have such other collection
remedies as he/she has to collect other service charges. Industrial
users desiring to dispute such fines must file a request for the Superintendent
to reconsider the fine within ten (10) days of being notified of the
fine. Where the Superintendent believes the request has merit, he/she
shall convene a hearing on the matter within fifteen (15) days of
receiving the request from the industrial user.
B.
Issuance of an administrative fine shall not be a prerequisite for
taking any other action against the user.
[R.O. 2011 §715.610; Ord. No. 91-43 §10.7, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
The Superintendent may suspend the wastewater treatment service and/or
wastewater permit of an industrial user whenever such suspension is
necessary in order to stop an actual or threatened discharge presenting
or causing an imminent or substantial endangerment to the health or
welfare of persons, the POTW or the environment.
B.
Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent shall 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 Superintendent shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceeding set forth in Section 715.620 are initiated against the user.
C.
An industrial user which is responsible, in whole or in part, for 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 Superintendent prior to the date of hearing described in Subsection (B) above.
D.
Nothing in this Section shall be interpreted as requiring a hearing
prior to any emergency suspension under this Section.
[R.O. 2011 §715.620; Ord. No. 91-43 §10.8, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
Significant industrial users proposing to discharge into the POTW
must first obtain a wastewater discharge permit from the Control Authority.
Any user who violates the following conditions of this Chapter or
a wastewater discharge permit or order, or any applicable State and
Federal law is subject to permit termination:
1.
Violation and 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
constituents and characteristics.
4.
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling.
