The POTW shall be under the management, supervision, and control of the City Commission. The City Commission may employ or designate such persons in such capacities as the City Commission deems necessary and advisable to ensure the efficient and effective operation, maintenance, alteration, repair and management of the POTW, to comply with the POTW's NPDES permit, and to discharge its financial obligations. The City Commission has the exclusive right to establish, maintain, and collect rates and charges for use of the POTW.
The Director, subject to the approval of the City Commission, shall have the authority (either directly, through, or in conjunction with other authorized representatives of the City) to take the following actions:
A.
Supervise the implementation of this chapter.
B.
Review plans submitted by users for pretreatment equipment.
C.
Make inspections and tests of existing and newly installed, constructed, reconstructed, or altered sampling, metering, or pretreatment equipment to determine compliance with the provisions of this chapter.
D.
Verify the completeness, accuracy and representativeness of self-monitoring data submitted and/or maintained by users.
E.
Determine and assess IPP fees and surcharges as provided by this chapter.
F.
Investigate complaints of violations of this chapter, make inspections and observations of discharges, and maintain a record of the investigations, complaints, inspections and observations.
G.
Issue orders and notices of violation and take other actions as necessary to require compliance with this chapter.
H.
Develop and implement a Control Authority Enforcement Response (CAER) Plan as required by 40 CFR 403.8(f)(5). The CAER Plan shall provide a nonbinding guideline of the procedures available to the POTW to investigate and respond to instances of noncompliance by users. The CAER Plan and any associated regulations developed by the Director shall become effective upon approval by resolution of the City Commission.
I.
In conjunction with the City's legal counsel, institute necessary civil or criminal judicial legal actions and proceedings in a court of competent jurisdiction against all users violating this chapter to prosecute violations of this chapter, to compel the abatement or prevention of violations, to compel compliance with this chapter and any order, determination, permit or agreement issued or entered into under this chapter, and to pursue any other necessary or advisable legal and/or equitable judicial relief or remedies with respect to violations of this chapter.
J.
In conjunction with the City's legal counsel, commence a municipal civil infraction action against any user violating this chapter, and issue municipal civil infraction citations and municipal civil infraction violation notices for violations of this chapter.
K.
Establish laws, rules, regulations, and procedures as determined necessary and advisable by the Director to undertake the activities as provided by this section, to assure the efficient management and operation of the POTW, to provide equitable charges for POTW services, and to otherwise meet the purposes and objectives of this chapter.
L.
Perform any other actions authorized by this chapter, or as necessary or advisable for the supervision, management, and operation of the POTW and the enforcement of this chapter and other applicable laws and regulations.