A.
The
city may suspend the wastewater service or revoke a FOG WDP when such
suspension or revocation is necessary, in the opinion of the director,
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, or which causes obstruction
to the collection system or the POTW, or causes the city to violate
any condition of its permits.
B.
Any
person notified of a suspension of the wastewater treatment service
and/or revocation of a FOG WDP shall immediately stop or eliminate
all discharges to the public sewer. In the event of a failure of the
person to comply voluntarily with the suspension order, the director
shall take such steps as he or she deems necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to
the collection system or the POTW. The director shall reinstate the
FOG WDP and/or the wastewater treatment service only upon proof of
the elimination of the nonconforming discharge. A detailed written
statement submitted by the user describing the causes of the harmful
discharge and the measures taken to prevent any future occurrence
shall be submitted to the director within 15 days of the date of occurrence.
(Ord. 4683 § 1, 2008)
A.
Sampling
and Inspection Procedures.
1.
Sampling
and inspection of FSEs shall be conducted in the time, place, manner
and frequency determined at the sole discretion of the director.
2.
Non-compliance
with FOG WDP discharge conditions, or any discharge provisions of
these regulations may be determined by an inspection of the grease
control device, grease interceptor and associated manifest and documentation,
or analysis of a grab or composite sample of the effluent of an FSE.
3.
Any
sample taken from a sample point, as determined representative by
the director, is considered representative of the discharge to the
public sewer.
B.
Notice
of Violation. Any permittee found to be in violation of the FOG WDP
terms and conditions may be issued a warning notice of violation in
which there will be a specified time period to correct the violation.
If the violation is not corrected within the specified time period
the permittee may be issued a notice of violation, with a specified
time period to correct the violation. If the violation is not corrected
within the time period specified the permittee shall be considered
in non-compliance.
C.
Non-compliance Fee. Any permittee determined to be in non-compliance with the terms and conditions specified in its FOG WDP or with any provision of this chapter may be required to pay a non-compliance fee. The purpose of the non-compliance fee is to compensate the city for costs of additional inspection and follow-up, sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the non-compliance, and shall be in addition to and not in lieu of any penalties as may be assessed pursuant to Section 14.14.360. Non-compliance fees shall be in the amount determined by the director. If the permittee remains compliant for 12 consecutive months following the notice of non-compliance, the fee may be waived at the discretion of the director.
(Ord. 4683 § 1, 2008)
A.
Upon
determination that a permittee is in non-compliance with the terms
and conditions specified in its FOG WDP or any provision of this chapter,
or needs to construct and/or acquire and install a grease control
device or grease interceptor, the director may require the permittee
to enter into a compliance schedule on terms and conditions specified
by the director.
B.
The
compliance schedule may contain terms and conditions including but
not limited to requirements for installation of a grease control device,
grease interceptor and facilities, submittal of drawings or reports,
audit of waste hauling records, BMPs and waste minimization practices,
payment of fees, or other provisions to ensure compliance with this
chapter.
(Ord. 4683 § 1, 2008)
A.
The
city may suspend and/or revoke any FOG WDP when the director determines
that a permittee:
1.
Fails
to comply with the terms and conditions of a compliance schedule order.
2.
Knowingly
provides a false statement, representation, record, report, or other
document to the city and/or the director.
3.
Refuses
to provide records, reports, plans, or other documents required by
the city and/or the director to determine FOG WDP terms or conditions,
discharge compliance or compliance with this chapter.
4.
Falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or sample collection method.
5.
Refuses
reasonable access to the FSE for the purpose of inspection and monitoring.
6.
Fails
to make timely payment of all amounts owed to the city for user charges,
FOG WDP fees or any other fees imposed pursuant to this chapter.
7.
Causes
obstruction, sewer blockages or SSOs in the public sewer.
8.
Violates
grease interceptor or grease trap maintenance requirements, any condition
or limit of its FOG WDP or any provision of this chapter.
9.
Fails
to report significant changes in operations, or wastewater constituents
and characteristics.
(Ord. 4683 § 1, 2008)
A.
Any
violation of this chapter, or the orders, rules, regulations and permits
issued under this chapter, is unlawful and shall be an infraction
or misdemeanor as determined by the city attorney.
B.
Any
user, discharger and/or permittee in violation of this chapter, or
the orders, rules, regulations and permits issued under this chapter,
may be ordered by the director to cease and desist operations until
the violation is cured. Continuance of operations after notice to
cease and desist has been furnished to the user and/or permittee shall
be unlawful and an infraction or misdemeanor as determined by the
city attorney. Each day in which any such violation shall continue
shall be deemed a separate offense.
C.
The
violation of any of the provisions of this chapter, or the orders,
rules, regulations and permits issued under this chapter, or the doing
of any act prohibited or the failure or omission to do any act required
by this chapter, or the orders, rules, and regulations and permits
issued under this chapter, is a public nuisance and may be enjoined
by the city attorney.
D.
If
any violation of this chapter, or the orders, rules, regulations and
permits issued under this chapter, causes damage to the POTW, the
director may seek to recover civil damages from the user causing such
damage.
E.
The
director is authorized to levy against any person administrative fines
of up to $10,000.00 per day for each violation of the rules, regulations,
and permits issued under this chapter. The notice shall provide information
as to the reason for the administrative fine and the authority and
the notice shall also specify the person's right to appeal.
1.
The
director shall provide written notice of such levy to the person by
certified mail. The user, discharger and/or permittee has the right
to appeal the administrative action to the Roseville public utilities
commission by filing an appeal with the city clerk.
2.
The
appeal shall be submitted within 20 days of receipt of the notice
and shall be accompanied by a nonrefundable fee as established by
resolution adopted by the city council, as amended from time to time.
3.
The
user, discharger and/or permittee has the right to appeal the decision
of the Roseville public utilities commission to the city council.
The appeal shall be submitted to the city clerk within 20 days of
the decision of the Roseville public utilities commission and shall
be accompanied by a nonrefundable fee as established by resolution
adopted by the city council, as amended from time to time.
F.
The
remedies and provisions of this section are cumulative, and are in
addition to any other remedy or provision of law.
(Ord. 4683 § 1, 2008.; Ord. 5800 § 41, 2017)
