[Ord. No. 2206 §§1 —
2, 6-5-2000]
Any person who violates any requirement of this Chapter shall
be subject to penalties as described herein.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
A.
The
Director shall publish annually, in a newspaper published in Clay
County, Missouri, a list of the industrial users which, during the
previous twelve (12) months, were in significant non-compliance with
applicable pretreatment standards and requirements. The term significant
non-compliance shall mean one (1) or more of the following:
1.
Chronic violations of pretreatment standards, defined here as those
in which sixty-six percent (66%) or more of wastewater measurements
taken during a six (6) month period exceed the daily maximum limit
or average limit for the same parameter by any amount;
2.
Technical-Review Criteria (TRC) violations, defined here as those
in which thirty-three percent (33%) or more of wastewater measurements
taken for each pollutant parameter during a six (6) month period equals
or exceeds the product of the daily maximum limit or the average limit
multiplied by the applicable criteria. The criteria for fats, oils
and grease is 1.4. For all other parameters except pH, the criteria
is 1.2;
3.
Any other discharge violation that the Director believes has caused,
or has the potential to cause, alone or in combination with other
discharges, interference or pass through, or to endanger the health
or welfare of City personnel or the general public;
4.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the City's
exercise of emergency authority to halt or prevent such a discharge;
5.
Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in a wastewater discharge
permit or an enforcement order for starting construction, completing
construction, or attaining final compliance;
6.
Failure to provide within thirty (30) days after the due date any
required reports, including baseline monitoring reports, ninety (90)
day compliance reports, periodic self-monitoring reports, and reports
on compliance with compliance schedules;
7.
Failure to accurately report non-compliance.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
If any person or industrial user violates the provisions of
this Chapter or any order of the Director, the City Attorney may commence
an action for legal or equitable relief in any court with appropriate
jurisdiction.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
Any person who is found to have violated an order of the Director
or who failed to comply with any provisions of this Chapter, and the
orders, rules, regulations and permits issued hereunder, shall be
subject to a penalty not exceeding five hundred dollars ($500.00)
per offense in addition to paying for the damages (including restoration)
caused by said violation or failure to comply. Each calendar day in
which a violation continues shall be considered a separate offense
subject to the penalty provided herein. In addition to the penalties
provided herein, the City may recover reasonable attorneys' fees,
court costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
this Chapter or the orders, rules, regulations and permits issued
hereunder.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
Any person or industrial user who violates any provision of
this Chapter, any orders or wastewater discharge permits issued hereunder,
or any other pretreatment requirement shall, upon conviction, be guilty
of a violation of this Chapter and shall be subject to a fine of not
less than fifty dollars ($50.00) but not more than five hundred dollars
($500) per day per violation or by imprisonment for not more than
ninety (90) days, or both. For any continuing violation, each day
of the violation shall be considered a separate offense.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
Any person violating any provision of this Chapter shall become
liable to the City for any expenses incurred by the City as a result
of such violation.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
Any industrial user found to be in violation of this Chapter,
or of any wastewater discharge permit or order issued hereunder, is
subject to termination of water and/or sewer service.
Such industrial user shall be given thirty (30) days' notice of the proposed termination of service and offered an opportunity to show cause why the proposed action should not be taken, unless immediate suspension of service pursuant to Section 705.650 is necessary.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
The Director may order any person which causes or contributes
to violation(s) of this Chapter, wastewater discharge permits or orders
issued hereunder, or any other pretreatment standard or pretreatment
requirement, to appear before the Director and show cause why a proposed
enforcement action should not be taken. Notice shall be served on
the person specifying the time and place for the hearing, the proposed
enforcement action, the reasons for such action, and a request that
the person show cause why this 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
seven (7) days prior to the hearing. Such notice may be served on
any authorized representative of the industrial user. A show cause
hearing shall not be a prerequisite for taking any other action and
shall not otherwise limit the Director's authority to proceed under
this Chapter during the pendency of the show cause proceedings.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
A.
The
Director may immediately suspend water and or sewer service to an
industrial user whenever such suspension is necessary in order 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, which threatens to interfere with the operation
of the POTW, or which presents or may present an endangerment to the
environment.
B.
Any industrial user notified of a suspension of water and/or sewer service shall immediately stop or eliminate its discharge. If an industrial user fails to immediately comply with the suspension order, the Director shall take such steps as are deemed necessary, including immediate severance of the sewer connection and termination of water service, to prevent or minimize damage to the POTW, the receiving stream, or endangerment to any individuals. The Director shall allow the industrial user to recommence its discharge when the industrial user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings set forth in Section 705.630 are initiated against the industrial user.
C.
An industrial user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the cause(s) of the harmful discharge and the measures taken to prevent any future occurrence to the Director, prior to the date of any show cause or termination hearing under Sections 705.630 and 705.640.
D.
Nothing
in this Section shall be interpreted as requiring a hearing prior
to an emergency suspension under this Section.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
