When the director of public works finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the director of public works may petition
the appropriate court through the city’s 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 ordinance on activities
of the user. The director of public works 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.
(Ordinance 1574, § 1, 2-11-03)
(a)
A user
who has violated, or continues to violate, any provision of this article,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall be liable to the city for
a maximum civil penalty of $1,000.00 per violation, per day. 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.
(b)
The
director of public works 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 the city.
(c)
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.
(d)
Filing
a suit for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a user.
(Ordinance 1574, § 1, 2-11-03)
(a)
A user
who violates any provision of this article, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of not more than $2,000.00 per violation, per
day, or imprisonment as decided by an appropriate court, or both.
(b)
A user who negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to the same penalties described in section 86-151(a). This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c)
A user who makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this article shall, upon conviction, be subject to the same penalties described in section 86-151(a).
(d)
Criminal
responsibility.
A culpable mental state is not required
to prove an offense under this article. A person is criminally responsible
for a violation of this article if:
(Ordinance 1574, § 1, 2-11-03)
The remedies provided for in this ordinance are not exclusive.
The director of public works may take any, all, or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the City’s enforcement
response plan. However, The director of public works may take other
action against any user when the circumstances warrant. Further, the
director of public works is empowered to take more than one enforcement
action against any noncompliant user.
(Ordinance 1574, § 1, 2-11-03)
(a)
If
national pretreatment standards, categorical or otherwise, more stringent
than the discharge limits prescribed in this article are promulgated
by the United States Environmental Protection Agency for certain industries,
the more stringent national pretreatment standards will apply to the
affected industrial user. A violation of the more stringent national
pretreatment standards will also be considered a violation of this
article.
(b)
Applicability
of more stringent discharge limits.
An industrial user
within the city who discharges industrial waste ultimately received
and treated by another governmental entity pursuant to a wholesale
wastewater contract or a reciprocal agreement with the city is subject
to the following additional rules:
(1)
If the governmental entity has more stringent discharge limits than
those prescribed by this article, or by a discharge permit issued
hereunder, because the United States Environmental Protection Agency
requires the more stringent discharge limits as part of the governmental
entity’s wastewater pretreatment program, the more stringent
discharge limits shall prevail.
(2)
The director of public works is authorized to issue a discharge permit to an industrial user affected by subsection (1), to insure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the director of public works may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the director of public works an expected compliance date and an installation schedule if the more stringent discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes.
(3)
If the director of public works chooses not to issue or amend a permit under subsection (2), the director of public works shall notify the affected industrial user in writing of the more stringent discharge limits and their effective date. Regardless of whether or not a permit is issued or amended, an industrial user shall be given a reasonable opportunity to comply with the more stringent discharge limits.
(4)
The more stringent discharge limits cease to apply upon termination of the city’s wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the government entity or the United States Environmental Protection Agency. The director of public works shall take the appropriate action to notify the affected industrial user of an occurrence under this subsection (4).
(c)
Variances
in compliance dates.
The director of public works may
grant a variance in compliance dates to an industry when, in the director
of public work’s opinion, such action is necessary to achieve
pretreatment or corrective measures. In no case shall the director
of public works grant a variance in compliance dates to an industry
affected by national categorical pretreatment standards beyond the
compliance dates established by the United States Environmental Protection
Agency.
(d)
Authority
to regulate.
The director of public works may establish
regulations, not in conflict with this article other laws, to control
the disposal and discharge of industrial waste into the wastewater
system and to insure compliance with the city’s pretreatment
enforcement program with all applicable pretreatment regulations promulgated
by the United States Environmental Protection Agency. The regulations
established shall, where applicable, be made part of any discharge
permit issued to an industrial user by the director of public works.
(Ordinance 1574, § 1, 2-11-03)
