[Ord. of 5-5-2008]
When the Superintendent determines that a user has violated, or continues to violate, any provision of this Part, an industrial discharge permit or an order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may serve a written notice of violation to the user. Within the time period specified in the violation 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. Submittal of this plan in no way relieves the user of liability for any violations occurring before or subsequent to receipt of the notice of violation. Nothing in this article shall limit the authority of the Superintendent to take any action, including emergency actions or any other enforcement action, without initially issuing a notice of violation.
[Ord. of 5-5-2008]
The Superintendent may require any user that has violated or continues to violate any provision of this Part, an industrial discharge permit, or an order issued hereunder, or any other pretreatment standard or requirement, to develop a compliance schedule. A compliance schedule pursuant to this section shall comply with the following conditions:
(a) 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards, including, but not limited to, retaining an engineer, completing preliminary and final design plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation;
(b) 
No increment referred to above shall exceed nine months;
(c) 
The user shall submit a progress report to the Superintendent no later than 14 days following each date in the schedule, and the final date of compliance, which identifies, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the action being taken by the user to return to the established schedule; and
(d) 
In no event shall more than nine months elapse between such progress reports to the Superintendent.
[Ord. of 5-5-2008]
The Superintendent may require any user that has violated or continues to violate any provision of this Part, an industrial discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to develop a pollution prevention plan. The pollution prevention plan must specifically address violation(s) for which this action was undertaken. The pollution prevention plan shall be developed using good engineering judgment and shall be submitted to the Superintendent no later than 50 days after the user was notified of this requirement.
[Ord. of 5-5-2008]
The Superintendent may publish annually, in the largest daily newspaper circulated in the City where the POTW is located, a list of the users that, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
[Ord. of 5-5-2008]
The Superintendent may order a user that has violated, or continues to violate, any provision of this Part, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent 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 reasons 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. A show-cause hearing shall not be a bar against, or prerequisite for, executing any other action against the user.
[Ord. of 5-5-2008]
(a) 
When the Superintendent determines that a user has violated, or continues to violate, any provision of this Part, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
Implement such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(b) 
Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
[Ord. of 5-5-2008]
The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders shall include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment systems, additional self-monitoring, and management practices. Such orders shall have the same force and effect as administrative orders issued pursuant to Sections 9.5 and 9.6 of this Part and shall be judicially enforceable.
[Ord. of 5-5-2008]
(a) 
Any industrial user who violates the following conditions of this Part or a wastewater discharge permit or order, or any applicable state or federal law, is subject to permit termination:
(1) 
Violation of 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; or
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.
(b) 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 16-9.5 of this Part 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.
[Ord. of 5-5-2008]
(a) 
In addition to the provisions in § 16-9.8 of this Part, any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of industrial 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 Article II of this Part.
(b) 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 16-9.5 of this Part 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.
[Ord. of 5-5-2008]
(a) 
The Superintendent may immediately suspend a user's discharge, subsequent to informal notice to the user, whenever such suspension is necessary to terminate an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of POTW personnel or the public. 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 that presents, or may present, an endangerment to the environment.
(1) 
Any user notified of a suspension of its discharge shall immediately terminate or eliminate its wastewater discharge. In the event of a user's failure to immediately comply with the suspension order, the Superintendent may implement 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 § 16-9.8 or 16-9.9 of this Part are initiated against the user.
(2) 
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 implemented to prevent any future occurrence, to the Superintendent prior to the date of any show-cause or termination hearing under § 16-9.5, 16-9.8 or 16-9.9 of this Part.
(b) 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
[Ord. of 5-5-2008]
Any person or industrial user violating any of the provisions of this Part shall be liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. If the Superintendent or City Council shall have caused the disconnection of a drain from a public sewer, the City may collect the expenses associated with completing the disconnection from any person or user responsible for, or willfully concerned in, or who profited by such violation. The City may thereafter refuse to permit the restoration of the former connection or of any new connection to the property concerned in the violation until the claim of the City for the cost of completing such disconnection shall have been paid in full plus interest and the reasonable cost of any legal expenses incurred by the City in connection therewith.
[Ord. of 5-5-2008]
No person shall maliciously, willfully, or negligently damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is part of the public sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct pursuant to the local ordinances and shall also be subject to penalties under state and federal statutes.