[Ord. 1-1997, 1/20/1997, Exh. A, § 5.1]
1.
The City may suspend the wastewater treatment service and/or a wastewater
contribution permit when such suspension is necessary, in the opinion
of the City, in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to
the health or welfare of persons, to the environment, causes interference
to the POTW or causes the Authority to violate any condition of its
NPDES permit.
2.
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the Authority shall
take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The City shall reinstate
the wastewater contribution permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the City within 15 days
of the date of occurrence.
[Ord. 1-1997, 1/20/1997, Exh. A, § 5.2]
1.
Any user who violates the following conditions of this Part or applicable
state and federal regulations, is subject to having his permit revoked
in accordance with the procedures of Subpart E of this Part.
A.
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
B.
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics.
C.
Refusal of reasonable access to the user's premises for the purpose
of inspection or monitoring.
D.
Violation of conditions of the permit.
[Ord. 1-1997, 1/20/1997, Exh. A, § 5.3]
Whenever the City finds that any user has violated or is violating
this Part, wastewater contribution permit, or any prohibition, limitation
of requirements contained herein, the City may serve upon such person
a written notice stating the nature of the violation. Within 30 days
of the date of the notice, a plan for the satisfactory correction
thereof shall be submitted to the City by the user.
[Ord. 1-1997, 1/20/1997, Exh. A, § 5.4]
The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders shall include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders are to have the same force and effect as administrative orders issued pursuant to § 18-647, below. The issuance of consent orders shall be governed by the adopted enforcement response guide.
[Ord. 1-1997, 1/20/1997, Exh. A, § 5.5]
1.
When it is learned that an industrial user has violated or continues
to violate this Part or any permit or order issued hereunder, the
Public Works Director or his authorized representative may issue an
order to cease and desist all such violations and direct those persons
in noncompliance to:
[Ord. 1-1997, 1/20/1997, Exh. A, § 5.6]
When it is learned that an industrial user has violated or continues to violate this Part or any permit or order issued hereunder, the Public Works Director or his authorized representative may issue an order to the industrial user responsible for the discharge directing that following a specified time period sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated, orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices. Compliance orders are to have the same force and effect as administrative orders issued pursuant to § 18-647, below. The issuance of compliance orders shall be governed by the adopted enforcement response guide.
[Ord. 1-1997, 1/20/1997, Exh. A, § 5.7]
1.
The Authority may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before the Authority why
the proposed enforcement action should not be taken. A notice shall
be served on the user specifying the time and place of a hearing to
be held by the Authority regarding the violation, the reasons why
the action is to be taken, the proposed enforcement action, and directing
the user to show cause before the Authority 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 10 days before the hearing. Service may be made on any agent
or officer of a corporation. Violations which shall initiate the show
cause process include, but are not limited to:
A.
Isolated exceedance of local or federal standards resulting in harm
to the environment or POTW.
B.
Recurring exceedance of local or federal standards resulting in harm
to the environment or POTW.
C.
Submission of improperly signed or certified reports to POTW after
notification of same.
D.
Reports are always late or not submitted.
E.
Repeated failure to report spills.
F.
With no good reason for delay compliance schedule milestones are
missed by more than 30 days or a delay of less than 30 days will affect
the final milestone.
G.
Repeated use of dilution in lieu of pretreatment.
2.
The Authority may itself conduct the hearing and take the evidence,
or may designate any of its members or any officer or employee of
the assigned department to:
A.
Issue in the name of the Authority notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
B.
Take the evidence.
C.
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Authority
for action thereon.
3.
At any hearing held pursuant to this Part, 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.
4.
After the Authority has reviewed the evidence, it may issue an order
to the user responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related appurtenances
are properly operated. Further orders and directives as are necessary
and appropriate may be issued.
[Ord. 1-1997, 1/20/1997, Exh. A, § 5.8]
If any industrial user is in noncompliance with any federal,
state or Authority pretreatment standard requirements, or the Authority
Ordinance, in accordance with the revised federal regulations issued
October 17, 1988 [§ 403.8(f)(1)(vi)(A)], the City Attorney
may seek civil or criminal penalties in at least the amount of $1,000
per day for each violation.
