A.
Notice of noncompliance. When the Superintendent finds that a user
is not in compliance, the Superintendent may serve upon the user a
written Notice of Noncompliance. Within 30 days from the date of written
notification, unless a shorter timeframe is necessary due to the nature
of the noncompliance, a plan and timeframe for industry resampling
and/or correction of the noncompliance, or other provisions that return
the user to compliance, shall be submitted by the user to the Superintendent.
B.
Notification of violation. When the Superintendent finds that a user
has violated, or continues to violate, any provision of this chapter,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may serve
upon that user a written Notice of Violation. Within 30 days of the
receipt of 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 Superintendent.
Submission of this plan in no way relieves the user of liability for
any violations occurring before or after receipt of the Notice of
Violation. Nothing in this subsection shall limit the authority of
the Superintendent to take any action, including emergency actions
or any other enforcement action, without first issuing a Notice of
Violation.
C.
Special order. The City may issue an order requiring that a violation
be remedied within a specified time period. If authorized in the order,
the industry may meet with the Superintendent within 30 days of the
date of receipt of the order to discuss the allegations and, where
necessary, establish a corrective action plan. The issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
D.
Show cause hearing. The Superintendent may order a user which has
violated, or continues to violate, any provision of this chapter,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the Wastewater
Commission and show cause why the 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 reason
for such action, and a request that the user show cause why the 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 10 days prior to the hearing. Such notice
may be served on any authorized representative of the user.
E.
Emergency suspensions.
(1)
The Superintendent may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary
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. The Superintendent may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW or which
presents, or may present, an endangerment to the environment.
(a)
Any user notified of a suspension of its discharge 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 may 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 may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 11.40F of this chapter are initiated against the user.
(b)
A user that is responsible, in whole or in part, for any discharge presenting 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 any show cause or termination hearing under § 11.40D or F of this chapter.
(2)
Nothing in this subsection shall be interpreted as requiring a hearing
prior to any emergency suspension under this subsection.
F.
Termination of discharge. In addition to the provisions in § 11.31E of this chapter, any user who violates the following conditions of this chapter is subject to discharge termination:
(1)
Violation of wastewater discharge 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; or
(5)
Violation of the pretreatment standards in Subchapter II of this
chapter.
(6)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 11.40D of this chapter why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
A.
Injunctive relief. When the Superintendent finds that a user has
violated, or continues to violate, any provision of this chapter,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may petition
the Milwaukee County Court through South Milwaukee Attorney for the
issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the wastewater discharge
permit, order, or other requirement imposed by this chapter on activities
of the user. The Superintendent may also seek such other action as
is appropriate for legal and/or equitable relief, including a requirement
for the user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
B.
Civil penalties.
(1)
A user who has violated or continues to violate any provision of
this chapter, a wastewater discharge permits or order issued hereunder
or any other pretreatment standard or requirement shall be liable
to South Milwaukee for a forfeiture not less than $1,000 per violation,
per day. Each day on which a violation shall occur or continue shall
be deemed a separate and distinct offense. In addition to the penalties
provided herein, the City may recover its damages, reasonable attorney's
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. The superintendent is authorized to issue a municipal
citation for any offense under this chapter. In the case of a monthly
or other long-term average discharge limit, penalties shall accrue
for each day during the period of the violation.
(2)
The Superintendent may recover reasonable attorneys' fees, court
costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by South Milwaukee.
(3)
In determining the amount of civil liability, the Court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
C.
Criminal prosecution. Penalties shall be as provided by State Statutes.
D.
Remedies nonexclusive. The remedies provided for in this chapter
are not exclusive. The Superintendent may take any, all, or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with South Milwaukee enforcement
response plan. However, the Superintendent may take other action against
any user when the circumstances warrant. Further, the Superintendent
is empowered to take more than one enforcement action against any
noncompliant user.
A.
Liability insurance. The Superintendent may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply
with any provision of this chapter, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
POTW caused by its discharge.
B.
Water supply severance. Whenever a user has violated or continues
to violate any provision of this chapter, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence,
at the user's expense, after it has satisfactorily demonstrated
its ability to comply.
C.
Public nuisances. A violation of any provision of this chapter, a
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement is hereby declared a public nuisance
and shall be corrected or abated as directed by the Superintendent.
Any person(s) creating a public nuisance shall be subject to the provisions
of State law governing such nuisances, including reimbursing South
Milwaukee for any costs incurred in removing, abating, or remedying
said nuisance.
D.
Informant rewards. The Superintendent may pay up to $1,000 for information
leading to the discovery of noncompliance by a user.
A.
Upset.
(1)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(2)(c)[3] below, are met.
(2)
A 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 user can identify the cause(s) of
the upset;
(b)
The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures; and
(c)
The user has submitted the following information to the Superintendent
within 24 hours of becoming aware of the upset if this information
is provided orally, a written submission must be provided within five
days:
[1]
A description of the indirect discharge and cause of noncompliance;
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and;
[3]
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(3)
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
(4)
Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(5)
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical 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.
Bypass.
(1)
For the purposes of this subsection,
(a)
"Bypass" means the intentional diversion of wastestreams from
any portion of a user's treatment facility.
(b)
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities, which causes 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.
(3)
Notice.
(a)
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the Superintendent, at least 10 days before
the date of the bypass, if possible.
(b)
A user shall submit oral notice to the Superintendent of an
unanticipated bypass that exceeds applicable pretreatment standards
within 24 hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five days of the time the
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 superintendent may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
(4)
Enforcement action.
(a)
Bypass is prohibited, and the Superintendent may taken an enforcement
action against a 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
