By connecting to or using the City's sewerage system, all
persons and users are submitting to the jurisdiction of the City,
applicable administrative agencies, municipal court and circuit court
for enforcement purposes under this chapter and this article. Enforcement
may occur as permitted below, including, but not limited to, the following:
A. Administrative notices of noncompliance, notices of violation, orders,
or revocation of permits issued by the City, its staff or another
administrative agency having jurisdiction (such as the Department
of Natural Resources);
B. Citations issued by the City and forfeitures prosecuted in municipal
court; and/or
C. Complaints filed by the City in small claims or circuit court for
injunctive, equitable or other legal relief and penalties.
Pursuant to the requirements of 40 CFR § 403.8(f)(2)(vii),
a list of the users which at any time during the previous 12 months
were in significant noncompliance with applicable pretreatment requirements
shall be annually published in a newspaper within general circulation
that provides meaningful public notice in the area served by the POTW.
The notification shall also summarize any enforcement actions taken
against the user during the same twelve-month period. A significant
industrial user is in significant noncompliance if its violation meets
one or more of the following criteria. A non-significant industrial
user has been in significant noncompliance if criteria in Subsection
D, E, or I apply:
A. Violations which include a pattern of noncompliance over the twelve-month
period.
B. Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of the measurements taken during a six-month
period exceed by any magnitude any numeric pretreatment standard or
requirement including an instantaneous limit for the same pollutant
parameter.
C. Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements for the same pollutant
parameter taken during a six-month period equaled or exceeded the
product of the numeric pretreatment standard or requirement including
an instantaneous limit multiplied by the applicable TRC (TRC equals
1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants,
except pH).
D. Any other violation of a pretreatment effluent limit that the Control
Authority determines has caused, along or in combination with other
discharges, interference or pass through, including endangering the
health of sewerage system personnel or the general public.
E. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Control Authority's exercise of its emergency authority under §
639-37 or
639-38 to halt or prevent such a discharge.
F. Failure to meet within 90 days a compliance schedule milestone contained
in a permit or enforcement order for starting construction, completing
construction or obtaining final compliance.
G. Failure to provide within 45 days of the due date required reports
containing all required monitoring results and other information,
such as baseline monitoring reports, ninety-day compliance reports,
periodic self-monitoring reports and reports on compliance with compliance
schedules.
H. Failure to accurately report noncompliance.
I. Any other violation or group of violations which may include a violation
of required best management practices by the user when the Control
Authority determines noncompliance will adversely affect the operation
or implementation of the local pretreatment program.
Any user violating any of the provisions of this chapter or
who has a discharge which causes a deposit, obstruction, damage or
other impairment to the sewerage system shall become liable to the
City for any expense, loss or damage caused by the violation or discharge.
The City may add to the user's charges and fees the costs assessed
for any cleaning, repair or replacement work caused by the violation
or discharge.
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 subject to a penalty as provided in §
1-4 of this Code.
Change of ownership or occupancy of premises delinquent under
provisions of this chapter shall not be cause for reducing or eliminating
charges due and penalties.