A. 
In general. The POTW is authorized to carry out all inspection, surveillance, sampling and monitoring activities and procedures, as necessary to determine, independent of information supplied by users or any other persons, compliance or noncompliance with applicable pretreatment standards and requirements, with this chapter, and with other applicable laws and regulations. This authority includes, without limitation, the authority:
(1) 
To verify the completeness, accuracy and representativeness of self-monitoring data submitted by users.
(2) 
To determine compliance with the terms, conditions and requirements of this chapter or of any permit, order, notice or agreement issued or entered into under this chapter.
(3) 
To support enforcement actions taken by the Director against noncompliant users.
(4) 
To determine if users have corrected problems identified in previous inspections.
(5) 
To identify which (and to what degree) users influence the quality of the POTW's influent, effluent and sludge quality.
(6) 
To evaluate the impacts of the POTW's influent on its treatment processes and receiving stream.
(7) 
To evaluate the need for revised local limits.
(8) 
To maintain current data on each user.
(9) 
To assess the adequacy of each user's self-monitoring program and user permit.
(10) 
To provide a basis for establishing sampling and monitoring requirements for users.
(11) 
To evaluate the adequacy of each user's operation and maintenance activities on its pretreatment system.
(12) 
To assess the potential for spills and/or slug discharge control measures, and evaluate the effectiveness of spill and slug discharge control measures.
(13) 
To gather information for user permit development.
(14) 
To evaluate compliance with existing enforcement actions.
(15) 
To require any user to submit one or more representative samples of the wastewater discharged or that the user proposes to discharge into the POTW.
(16) 
To determine compliance with requirements regarding implementation of best management practices; accidental discharge controls and protections; spill prevention or containment measures; and pollution prevention, minimization or reduction measures.
B. 
Right of entry.
(1) 
The Director and other authorized representatives of the City bearing proper credentials and identification are authorized to enter a user's premises (and any other person's premises, as determined necessary by the Director) to conduct inspection, surveillance and monitoring activities as necessary to determine compliance with this chapter, and in that regard shall have, without limitation, the following minimum authority:
(a) 
To enter into any premises of any person in which a discharge source, treatment system or activity is located or in which records are required to be kept as provided by this chapter, for the purpose of inspecting, observing, measuring, sampling and testing the wastewater discharge, removing samples of wastewater for analysis, and inspecting and making copies of required records. This shall include the right to take photographs.
(b) 
To set up and maintain on the person's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations, or to require the person to do so, at the person's sole expense.
(c) 
To randomly sample and analyze the discharge from any person or premises and conduct surveillance activities to identify occasional and continuing noncompliance with applicable standards and requirements. The POTW shall inspect and sample the discharge from each significant industrial user at least once a year.
(d) 
To inspect any production, manufacturing, fabrication, or storage area where pollutants, subject to regulation under this chapter, could originate, be stored, or be discharged to the POTW.
(e) 
To enter all private properties through which the POTW, the City, or other governmental agency holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the POTW or wastewater transmission facilities lying within the easement.
(2) 
POTW representatives entering a person's premises for purposes authorized by this chapter shall comply with the person's plant safety requirements regarding such matters as entry into confined spaces, use of safety glasses, and hearing protection requirements, as requested by the person. Entry shall be commenced and completed as expeditiously as practicable, consistent with the purposes for which the entry was made.
C. 
Access without delay required. Persons shall allow the POTW ready access at all times to all parts of the person's facility or premises where wastewater governed by this chapter is created, handled, conveyed, treated or discharged, or where any production, manufacturing, fabrication, or storage area where pollutants regulated under this chapter could originate, be stored, or be discharged to the POTW, or where wastewater records are kept, for the purposes of inspection, sampling, records examination, or in the performance of any of the POTW's duties. If a person has security measures in force that would require proper identification and clearance before entry into the premises by the Director, the person shall make necessary arrangements in advance with its security guards so that upon presentation of suitable identification, authorized representatives of the POTW (or authorized state or federal personnel) will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Upon arrival at a person's premises, POTW representatives shall inform the person or the person's employees that inspections, sampling, compliance monitoring, metering or other POTW procedures are to be performed and that the person has the right to accompany the POTW employee/representative during the performance of the person's duties.
D. 
Refusal to allow entry. If a person refuses to permit access (or unreasonably delays access) to an authorized POTW representative or to permit the representative to obtain, take, and remove samples or make copies of documents or undertake other authorized inspection, surveillance and monitoring activities as provided by this chapter, the Director may order the termination of the discharge of wastewater to the POTW; order the person to permit access within a time certain; issue the person a notice of violation of this section; or take other appropriate action as provided by this chapter and other applicable laws and regulations (including, but not limited to, seeking the issuance of a search warrant). Further, the refusal to permit access (or causing an unreasonable delay in access) as provided by this section shall constitute a violation of this chapter.
E. 
Emergency inspections. In an emergency which creates an immediate and substantial danger to the health, safety, and welfare of individuals or property, the premises of a user may be inspected immediately, at any time, and without permission or a warrant.
A. 
Any person found to be violating a provision of this chapter may be served with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction of the violation. The person shall, within the period of time stated in notice, permanently cease all violations. The notice of violation (NOV) shall be served and shall contain the information as provided by § 28-17.04 of this chapter.
B. 
Unless otherwise specified by the NOV, the following provisions shall apply: Within at least 30 days of the date of the NOV, the person shall submit to the POTW a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions. Submission of the required plan shall not in any way relieve the person of liability for any violations occurring before or after receipt of the notice of violation.
C. 
Nothing in this section shall limit the authority of the City or the POTW to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation, or otherwise require the City or the POTW to first issue a notice of violation before initiating a civil or criminal action against a person for violating this chapter. Further, receipt, or nonreceipt, of a notice of violation shall in no way relieve the affected user of any and all liability associated with any violation.
D. 
Failure to comply with any requirement of a notice of violation shall constitute a separate violation of this chapter.
The Director may issue an order to any person as determined by the Director to be appropriate under the circumstances, as provided by this section. Multiple orders may be issued simultaneously or in combination as a single order with respect to a single person.
A. 
Service. An order shall be served upon a person and shall contain the information as provided by § 28-17.04 of this chapter. However, orders to immediately cease and desist discharge, or to terminate sewer services, or other emergency orders where delay might endanger human health, the environment, or the POTW, may be oral and may be served by telephone, to be followed within five days by written confirmation of the oral order by the Director.
B. 
Types of orders. The Director may issue the following types of orders:
(1) 
Order to immediately cease and desist discharge. The Director may issue an order to cease and desist from discharging any wastewater, pollutant, or discharge not in compliance with this chapter. The order shall have immediate effect if the Director determines that the actual or threatened discharge to the POTW presents, or may present, imminent or substantial endangerment to the health or welfare of persons or to the environment; or causes, or may cause, interference or pass-through; or may cause the POTW to violate any term or condition of its NPDES permit. The Director shall implement whatever action is necessary to halt or prevent the discharge, including, but not limited to, emergency suspension of service. The person shall be assessed for any penalties, fines, charges, surcharges, expenses, or losses incurred due to the actual or threatened discharge of pollutants as provided by this chapter.
(2) 
Order to cease discharge within a certain time. The Director may issue an order to cease and desist from discharging any wastewater, pollutant, or discharge not in compliance with this chapter by a certain time and date. The proposed time for remedial action shall be specified in the order. In addition to any other circumstances as determined appropriate by the Director, an order may be issued under this section for the failure to pay applicable permit fees or to comply with any term of a user permit.
(3) 
Order to effect pretreatment. The Director may issue an order to a user requiring the user to pretreat its discharge in accordance with this chapter. Any user subject to an order to pretreat shall prepare a plan to pretreat its discharge so that the discharge complies with the requirements of the order and this chapter. The plan shall be submitted to the Director within a reasonable period as specified in the order. The plan shall be prepared in accordance with good engineering practice and shall state whether construction is necessary, as well as identify measures that can be completed without construction. The plan shall contain a schedule of compliance for completion of each of the various phases necessary to implement full pretreatment. The schedule of compliance must be approved by the Director. The schedule of compliance shall consist of one or more remedial measures, including enforceable timetables for a sequence of actions or operations leading to compliance with an effluent standard, or other prohibition or standard. The following steps or phases shall be included in the schedule of compliance as determined necessary by the Director:
(a) 
Retain a qualified engineer and/or consultant.
(b) 
Obtain any engineering or scientific investigation or surveys deemed necessary.
(c) 
Prepare and submit a preliminary plan to achieve pretreatment.
(d) 
Prepare plans and specifications, working drawings, or other engineering or architectural documents that may be necessary to effect pretreatment.
(e) 
Establish a time to let any contract necessary for any construction.
(f) 
Establish completion times for any construction necessary.
(g) 
Establish a time limit to complete full pretreatment pursuant to the final order.
(h) 
If a phase or unit of construction or implementation may be effected independently of another phase or unit, establish separate timetables for the phases or unit.
(4) 
Order to affirmatively respond. The Director may issue an order requiring a person to perform any action required under this chapter, including, without limitation, requiring a person to submit samples; to install sampling, metering and monitoring equipment; to submit reports; to permit access for inspection, sampling, testing, monitoring and investigations; to reduce or eliminate a discharge or pollutants in a discharge; or to pay permit fees or other applicable charges.
(5) 
Order to terminate sewer services.
(a) 
The Director may issue an order to terminate the sewer services of a user, including, but not limited to, immediate physical blockage of the user's sewer connection, for reasons including, without limitation, the following:
[1] 
A discharge that violates any general or specific discharge prohibition, including any pretreatment standard or requirement, and that reasonably appears to present an imminent endangerment to human health, the environment or the POTW.
[2] 
Failure of a user to notify the POTW of any discharge as described in § 28-17.03B(5)(a) of which the user was aware or reasonably should have been aware.
[3] 
Failure of a user to sample, monitor, pretreat or report, or failure to install monitoring or pretreatment facilities, as required by an order of the Director.
[4] 
A knowing, willful violation of any term, condition or requirement of an order or user permit, or any provision of this chapter.
[5] 
A negligent violation of any major term, condition or requirement of an order or user permit. For purposes of this section, a "major" term, condition or requirement is one the violation of which is reasonably likely to endanger human health, the environment, the POTW, or cause the POTW to violate its NPDES permit.
(b) 
If the POTW determines that physical blockage is necessary, the POTW shall make a reasonable attempt to deliver to the person who appears to be in control of the user's facility a written notice describing the reason for the physical blockage order. After delivery of the notice (or after a reasonable attempt to deliver the notice, even if delivery was unsuccessful), the POTW may immediately install the physical blockage. No person shall remove or tamper with a physical blockage installed by the Director without prior written permission from the City.
(6) 
Order to show cause. The Director may issue an order requiring a person to appear and explain any noncompliance with the requirements of this chapter or any permit, order, decision or determination promulgated, issued or made under this chapter, and to show cause why more severe enforcement actions against the person should not go forward. A show cause hearing shall be held within 10 days after the order to show cause is issued, as follows:
(a) 
The Wastewater Board of Appeals shall conduct the hearing and take evidence. Notice of the hearing shall be provided to require the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing.
(b) 
Any testimony taken at the hearing shall be under oath and recorded. A copy of the transcript of the hearing shall be made available at cost to any person upon payment of applicable charges for the transcript.
(c) 
After reviewing the evidence taken at the hearing, the Wastewater Board of Appeals shall decide whether further enforcement action is required and, if so, the nature and extent of that further action, including, without limitation, the issuance of any order or imposition of any fines, fees, surcharges or penalties, as authorized by this chapter.
C. 
Immediate response to order by user may be required. Any user issued an order as provided by this section to immediately suspend its discharge to the POTW shall immediately stop or eliminate the discharge using whatever means are necessary to do so, or take any other action as required by the order. If the user fails to comply voluntarily with the order to immediately suspend its discharge, the POTW shall take any action determined necessary as authorized by this chapter, including, without limitation, immediate suspension of water service and/or severance of the sewer connection or commencement of judicial proceedings, to prevent or minimize damage to the POTW or endangerment to public health, safety or the environment. The POTW may reinstate the wastewater treatment service and terminate any judicial proceedings, as applicable, upon satisfactory proof or other demonstration by the user that the noncomplying discharge has been eliminated or will not reoccur. A detailed written statement submitted by the user describing the causes of the noncomplying discharge and the measures taken to prevent any further occurrence shall be submitted to the Director within 15 days of the occurrence.
D. 
Noncompliance due to factors beyond user's control. If noncompliance with an order is unintentional and temporary and due to factors beyond the reasonable control of a user, and the user can demonstrate the conditions necessary for demonstration of an upset as provided by § 28-11.01A, the Director may modify the order or take other actions as determined appropriate. However, a user shall not be relieved of liability for noncompliance with an order to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
E. 
Amendment, suspension and revocation of orders. An order shall be subject to amendment, suspension or revocation as determined appropriate by the Director. Notice of the amendment, suspension or revocation shall be served upon the person in the same manner as notice was provided for the original order. An amendment, suspension or revocation of an order shall be subject to the same procedures for review and appeal as the original issuance of the order, as provided by this chapter.
F. 
Consent orders and agreements. The Director may enter into a consent order or agreement with a person to resolve disputed claims and address identified and potential deficiencies in the person's compliance status. The order or agreement shall be in the form of a written agreement with the person and may contain appropriate provisions, including, without limitation, compliance schedules and stipulated fines and remedial actions.
G. 
POTW authority to require financial assurances. The Director may require any user to post a performance bond (or other form of surety acceptable to the Director) sufficient to cover expenses (direct and/or indirect) that might reasonably be incurred by the Director as a result of the user's discharges to the POTW (including, but not limited to, the costs to restore or repair any damage to the POTW) or sufficient to achieve consistent compliance with applicable laws and regulations, as determined necessary by the Director. Further, any person that has in the prior two years been responsible for causing interference or pass through at the POTW may be required to obtain liability insurance sufficient to cover the reasonable costs of responding or restoring the POTW in the event of a second such incident. These financial assurance requirements may also be made conditions of a user permit.
Except as otherwise expressly provided by this chapter, all orders, notices of violations, and notices of assessments shall be served upon persons and shall contain the information as provided by this section.
A. 
Service. Service shall be by personal delivery or certified mail (return receipt requested), addressed to the user, alleged violator or other person, as applicable, at the person's last known address as shown by POTW's records. The person served shall sign and date the order or notice and shall return the signed original copy to the POTW; provided, that the failure to do so shall not affect in any way the person's obligation to comply with the order or notice. Further, a notice or order served by mail may not actually be received by the person, but this shall not nullify in any way any enforcement action subsequently taken by the Director against the person under authority of this chapter. Receipt, or nonreceipt, of a notice or order shall not in any way relieve the affected person of any liability associated with the violation. Further, the issuance of a notice or order will not be a bar against, or a prerequisite for, any other enforcement actions by the City against the affected person.
B. 
Contents. All orders and notices shall contain at least the following information, to the extent known by the Director and as determined by the Director to be applicable to the situation:
(1) 
The name and address of the violator;
(2) 
The location and time that the violation occurred or was observed, and the duration of the violation;
(3) 
The nature of the violation, including the provisions of this chapter or of any permit, order, decision, determination or agreement violated;
(4) 
The basis for determining that a violation has occurred (personal observation, pollutant analysis, etc.);
(5) 
The amount of the fine, penalty, cost, or charge assessed or due, if any;
(6) 
The manner in which, and time and date by which, any fine, penalty, cost, or charge must be paid, including any penalty or charge for late payment;
(7) 
The remedial action ordered, the time within which required actions must be taken, and any consequences for failure to do so;
(8) 
The right to appeal the issuance of the order or notice and a summary of the procedures for appeal, or other applicable administrative procedures;
(9) 
The date and time the order or notice was issued.
C. 
Request for additional information. A person served may request additional information from the Director regarding the contents or requirements of any order or notice. However, a request for additional information shall not extend the time for compliance with an order or notice.
The POTW shall publish once per year in the largest newspaper circulated in the City, a list of nondomestic users that, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards or requirements. For the purposes of this section, a user shall be considered to be in significant noncompliance if its violations meet one or more of the following criteria:
A. 
Chronic violation of discharge limits, defined as results of analyses in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, for the same pollutant parameter;
B. 
Technical review criteria (TRC) violations, defined as results of analyses in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of a numeric pretreatment standard or requirement, including instantaneous limits, times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants, except pH);
C. 
Any other violation of a pretreatment effluent limit (instantaneous minimum, instantaneous maximum, daily maximum, or long-term average, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of Department personnel or the general public);
D. 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment, or has resulted in the POTW's exercise of its emergency authority to halt or prevent the discharge;
E. 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order, for starting construction, completing construction, or attaining final compliance;
F. 
Failure to provide any required reports within 30 days after the due date;
G. 
Failure to accurately report noncompliance; or
H. 
Any other violation or group of violations, which may include a violation of best management practices, that the Director determines will adversely affect the POTW or the operation or implementation of the POTW's pretreatment program or this chapter.
A. 
Violation; municipal civil infraction. Except as provided by § 28-17.07, and notwithstanding any other provision of the City's laws, ordinances and regulations to the contrary, a person who violates or fails to comply with any provision of this chapter (including, without limitation, any notice, order, permit, decision or determination promulgated, issued or made by the Director under this chapter) is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000 per day for each infraction and not more than $10,000 per day for each infraction, plus costs and other sanctions.
B. 
Repeat offenses; increased fines. Increased fines may be imposed for repeat offenses. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this chapter: (i) committed by a person within any ninety-day period; and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this chapter shall be as follows:
(1) 
The fine for any offense that is a first repeat offense shall be not less than $2,500, plus costs.
(2) 
The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000, plus costs.
C. 
Amount of fines. Subject to the minimum fine amounts specified in § 28-17.06A and B, the following factors shall be considered by the court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this chapter: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator's recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.
D. 
Authorized local official. Notwithstanding any other provision of the City's laws, ordinances and regulations to the contrary, the following persons are designated as the authorized local officials to issue municipal civil infraction citations directing alleged violators to appear in district court for violations of this chapter (or, if applicable, to issue municipal civil infraction notices directing alleged violators to appear at a municipal ordinance violations bureau): the Director, any sworn law enforcement officer, and any other persons so designated by the City.
E. 
Other requirements and procedures. Except as otherwise provided by this section, the requirements and procedures for commencing municipal civil infraction actions; issuance and service of municipal civil infraction citations; determination and collection of court-ordered fines, costs and expenses; appearances and payment of fines and costs; failure to answer, appear or pay fines; disposition of fines, costs and expenses paid; and other matters regarding municipal civil infractions shall be as set forth in Act No. 236 of the Public Acts of 1961, as amended.[1]
[1]
Editor's Note: See MCL § 600.101 et seq.
Any person who: (1) at the time of a violation, knew or should have known that a pollutant or substance was discharged contrary to any provision of this chapter, or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the Director under this chapter; or (2) intentionally makes a false statement, representation, or certification in an application for, or form pertaining to a permit, or in a notice, report, or record required by this chapter, or in any other correspondence or communication, written or oral, with the POTW regarding matters regulated by this chapter; or (3) intentionally falsifies, tampers with, or renders inaccurate any sampling or monitoring device or record required to be maintained by this chapter; shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500 per violation, per day, or imprisonment for up to 90 days, or both in the discretion of the court.
Each act of violation, and each day or portion of a day that a violation of this chapter (or of any permit, order, notice or agreement issued or entered into under this chapter) exists or occurs, constitutes a separate violation subject to the fines, penalties and other sanctions and remedies as provided by this chapter.
The number of violations resulting from a user's noncompliance with applicable discharge prohibitions or effluent limitations shall be determined as follows:
A. 
Applicable concentration limitations and mass (or loading) limitations shall be treated as separate limitations, and a user may be liable and penalized separately for exceeding any of those limitations for a single pollutant or sampling parameter.
B. 
Each violation of a daily maximum limit for a single pollutant or sampling parameter shall constitute a separate violation for each day on which the violation occurs or continues.
C. 
Each violation of an instantaneous minimum or instantaneous maximum limit for a single pollutant or sampling parameter shall constitute a separate violation for each such occurrence, and there may be multiple violations for each day on which such a violation occurs or continues.
D. 
Each violation of a monthly average limit (or of some other average limit period) for a single pollutant or sampling parameter shall constitute a separate violation for each day of the month (or other stated period) during which the violation occurred, regardless of the number of days on which samples were actually taken. (For example, in a month with 31 days, a violation of the monthly average limit for that month constitutes 31 violations for each pollutant parameter for which the monthly average limit was exceeded during the month.)
E. 
Except with regard to violations of average limits as provided by § 28-17.09D, a violation will be deemed to have continued to occur each day beginning with the first day the violation occurred to the day the user is able to demonstrate through appropriate sampling results that the violation is no longer occurring.
F. 
If for any period a user has violated both a daily maximum limit and an average limit for a particular pollutant parameter, then the total number of violations is the sum of the days on which the daily maximum limit was violated plus the number of days in the averaging period.
G. 
If a user permit regulates more than one outfall, each outfall shall be considered separately in computing the number of violations as provided by this section.
H. 
If a user is discharging a waste stream that is required to be monitored and analyzed under continuous monitoring procedures, then all of the following shall apply:
(1) 
If at any time during a daily twenty-four-hour period, the continuous monitoring shows that the monitored parameter exceeded the instantaneous minimum, instantaneous maximum, or daily maximum limit for that parameter, then a violation has occurred.
(2) 
If during a daily twenty-four-hour period under continuous monitoring the monitored parameter exceeds the instantaneous minimum or instantaneous maximum, during that period, then each such exceedance shall be considered a separate violation.
(3) 
If during a daily twenty-four-hour period under continuous monitoring the monitored parameter exceeds the instantaneous minimum, instantaneous maximum, or daily limit into the next daily twenty-four-hour period (i.e., the exceedance occurs both before and after midnight), then the exceedance will be considered a separate violation on both days.
I. 
One violation occurs on: each day that a report is late; and each day after an action required to be completed is not completed.
A violation of this chapter, or of any permit, order, notice or agreement issued or entered into under this chapter, is deemed to be a public nuisance and shall be corrected or abated as directed by the City. In addition to any other legal or equitable remedies available under the law, any person creating a public nuisance shall be subject to the provisions of state law, this chapter, or other ordinance of the City governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance, as applicable.
A. 
Any person who discharges to the POTW (including, but not limited to, any person who causes or creates a discharge that violates any provision of this chapter, produces a deposit or obstruction, or otherwise damages, injures, or impairs the POTW, or causes or contributes to a violation of any federal, state or local law governing the POTW, whether any such act is intentional or unintentional) shall be liable to and shall fully reimburse the City for all expenses, costs, losses or damages (direct or indirect) payable or incurred by the City as a result of or associated with any such discharge, deposit, obstruction, damage, injury, impairment, violation, exceedance, noncompliance, or act. The costs that must be reimbursed to the City shall include, but shall not be limited to, all of the following:
(1) 
All costs incurred by the City in responding to the violation or discharge, including expenses for any cleaning, repair or replacement work, and the costs of sampling, monitoring, and treatment, as a result of the discharge, violation, or noncompliance.
(2) 
All costs to the City of monitoring, surveillance, and enforcement in connection with investigating, verifying, and prosecuting any discharge, violation, or noncompliance.
(3) 
The full amount of any fines, assessments, penalties, and claims, including natural resource damages, levied against the City, or any City representative, by any governmental agency or third party as a result of a violation of the POTW's NPDES permit (or other applicable law or regulation) that is caused by or contributed to by any discharge, violation, or noncompliance.
(4) 
The full value of any City staff time (including any administrative and overhead costs and any required overtime), consultant and engineering fees, and actual attorney fees and defense costs (including the POTW's legal counsel and any special legal counsel), associated with reviewing, responding to, investigating, verifying, and/or prosecuting any discharge, violation, or noncompliance, or otherwise incurred by the Director in administering and enforcing the requirements of this chapter.
Further, the POTW is authorized to correct any violation of this chapter or damage or impairment to the POTW caused by a discharge and to bill the person causing the violation or discharge for the amounts to be reimbursed. The costs reimbursable under this section shall be in addition to fees, amounts or other costs and expenses required to be paid by users under other sections of this chapter.
B. 
In determining the amounts to be reimbursed, the POTW may consider factors such as, but not limited to, the following:
(1) 
The volume of the discharge.
(2) 
The length of time the discharge occurred.
(3) 
The composition of the discharge.
(4) 
The nature, extent, and degree of success the POTW may achieve in minimizing or mitigating the effect of the discharge.
(5) 
The toxicity, degradability, treatability and dispersal characteristics of the discharges.
(6) 
The direct and indirect costs incurred by the Director, or imposed upon the POTW to treat the discharges, including sludge handling and disposal costs.
(7) 
Fines, assessments, levies, charges, expenses and penalties imposed upon and/or incurred by the Director, including the POTW's costs of defense of actions, or suits brought or threatened against the POTW by governmental agencies or third parties.
(8) 
Such other factors, including the amount of any attorney's fees; engineering, consultant, and expert fees; expenses, costs, sampling and analytical fees; repairs; as the POTW deems appropriate under the circumstances.
C. 
Costs to be reimbursed to the POTW as provided by this section may be assessed to the user as provided by § 28-17.04 of this chapter, or as otherwise determined appropriate by the Director in conjunction with an enforcement action.
D. 
The failure by any person to pay any amounts required to be reimbursed to the POTW as provided by this section shall constitute an additional violation of this chapter.
In no case shall the review and/or approval by the City of a user's plans, specifications or operating procedures entitle a user to relief from enforcement actions for failure to achieve compliance with the applicable pretreatment standards and requirements.
If a user violates or continues to violate any provision of this chapter (including, without limitation, any notice, order, permit, decision or determination promulgated, issued or made by the Director under this chapter), or if the City determines that the user's actual or proposed discharge may present an imminent or substantial endangerment to the health or welfare of persons or the environment, the Director may immediately, and without notice, sever or suspend sewer and/or water service provided to the user by the City. If severed or suspended, the sewer and/or water service shall recommence only after the user has satisfactorily demonstrated to the Director the user's ability to comply with all applicable provisions of this chapter, and only at the user's sole expense.
With the approval of the City, in conjunction with the City's legal counsel, the Director may institute legal proceedings in a court of competent jurisdiction to seek all appropriate relief for violations of this chapter or of any permit, order, notice or agreement issued or entered into under this chapter. The action may seek temporary or permanent injunctive relief, damages, penalties, costs, and any other relief, at law or equity, that a court may order. The Director may also seek collection of surcharges, fines, penalties, and any other amounts due to the POTW that a person has not paid.
The imposition of a single penalty, fine, notice, order, damage, or surcharge upon any person for a violation of this chapter, or of any permit, order, notice or agreement issued or entered into under this chapter, shall not preclude (or be a prerequisite for) the imposition by the Director or a court of competent jurisdiction of a combination of any or all of those sanctions and remedies or additional sanctions and remedies with respect to the same violation, consistent with applicable limitations on penalty amounts under state or federal laws or regulations. A criminal citation and prosecution of a criminal action against a person shall not be dependent upon and need not be held in abeyance during any civil, judicial, or administrative proceeding, conference, or hearing regarding the person.