(1) 
When the City Manager finds a user has violated any provision of the Industrial Pretreatment Code, a wastewater discharge permit, General Discharge Authorization, Discharge Authorization Letter, or any other pretreatment standard or requirement, the City may issue a written Warning Letter to the user.
(2) 
The Warning Letter shall specify the violations(s) and consequences of continued noncompliance.
(3) 
For violations of a Discharge Authorization Letter, the Warning Letter may contain corrective action(s) and a schedule for completing the corrective action(s).
(Ord. No. 6457, 5/15/2023)
(1) 
When the City Manager finds that a user has violated, or continues to violate, any provision of the Industrial Pretreatment Code, an individual wastewater discharge permit, General Discharge Authorization, Discharge Authorization Letter or order issued hereunder, or any other pretreatment standard or requirement, the City may serve upon that user a written Notice of Violation.
(2) 
The Notice of Violation shall specify the violation and may require a written response from the violator detailing the actions that will be taken to resolve the violation(s) and/or corrective actions and a schedule for completing the corrective action(s). Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation.
(3) 
A Notice of Violation may include a Notice of Administrative Penalty Assessment.
(4) 
Nothing in this section shall limit the authority of the City Manager to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
(Ord. No. 6457, 5/15/2023)
(1) 
When the City Manager finds that a user has violated, or continues to violate, any provision of the Industrial Pretreatment Code, an individual wastewater discharge permit, General Discharge Authorization, Discharge Authorization Letter, or order issued hereunder, or any other pretreatment standard or requirement, the City may issue a written Administrative Compliance Order to the user directing that the user come into compliance within a specified time.
(2) 
The Administrative Compliance Order shall specify the violation(s) and require compliance measures.
(a) 
If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated.
(b) 
Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer.
(c) 
A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.
(3) 
An Administrative Compliance Order may include a Notice of Administrative Penalty Assessment.
(4) 
Issuance of an Administrative Compliance Order order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. No. 6457, 5/15/2023)
The City Manager may enter into a Stipulated Enforcement Order for any violation. The Stipulated Enforcement Order shall state findings, direct the user to come into compliance within a specified time and may contain other requirements to address the noncompliance, including, but not limited to, interim pretreatment limits and compliance goals, and additional self-monitoring and management designed to minimize the amount of pollutants discharged to the POTW.
(Ord. No. 6457, 5/15/2023)
Enforcement actions shall either be served by personal service or shall be sent by registered or certified mail and by first class mail. Any such notice served by mail shall be deemed received for purposes of any time computations hereunder three days after the date mailed if to an address within this state, and seven days after the date mailed if to an address outside of this state.
(Ord. No. 6457, 5/15/2023)
When the City Manager finds that a user has violated, or continues to violate, any provision of the Industrial Pretreatment Code, an individual wastewater discharge permit, General Requirement, Discharge Authorization or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the City Manager 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) 
Take 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. 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. No. 6457, 5/15/2023)
(1) 
When the City Manager finds that a user has violated, or continues to violate, any provision of the Industrial Pretreatment Code, an individual wastewater discharge permit, General Requirements, Discharge Authorization, or order issued hereunder, or any other pretreatment standard or requirement, the City Manager may fine such user in an amount not to exceed $25,000. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) 
As a part of a Notice of Violation, Administrative Compliance Order, or separately, the City Manager may issue a Notice of Administrative Penalty Assessment pursuant to the Industrial Pretreatment Code for any violation. The amount of the administrative penalty shall be determined through the use of the Enforcement Response Plan.
(3) 
Collection of the penalties determined by the City Manager may be in the manner provided in this code for the collection of sewer user charges, in accordance with any other provisions of this code, or in any other manner provided by law.
(4) 
If the user objects to the assessment of any penalty provided by this section, the user shall have all the rights and shall proceed in compliance with the provisions of sections 4.032 through 4.035.
(5) 
Any person who violates the Industrial Pretreatment Code or a condition of a discharge permit, as a result of which the City performs or causes to be performed preventative or corrective work or which results in damage to the POTW shall be liable to the City for such damage and the cost of such preventive or corrective work, additional treatment and for any penalties, including withholding of any grant money, levied against the City for violation of State or federal permits resulting from said violation. The City may collect such charges in the manner provided in this code for the collection of sewer user charges, in accordance with any other provisions of this code, or in any other manner provided by law.
(6) 
In the event that a user discharges such pollutants which cause the City to violate any condition of its NPDES permit and the City is fined by EPA or the state for such violation, then such user shall be fully liable for the total amount of the fine assessment against the City by the EPA and/or state.
(7) 
No person shall willfully or negligently break, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subjected to sanctions set out in the Industrial Pretreatment Code.
(8) 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. No. 6457, 5/15/2023)
(1) 
The City Manager may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The City Manager 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 which presents, or may present, an endangerment to the environment.
(2) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the City Manager may take 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 City Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City Manager that the period of endangerment has passed, unless the termination proceedings in section 4.072 are initiated against the user.
(3) 
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 taken to prevent any future occurrence, to the City Manager prior to the date of any reconsideration or appeal under sections 4.032 through 4.035.
(4) 
The filing of an appeal pursuant to sections 4.032 through 4.035 shall not stay an emergency suspension by the City Manager.
(Ord. No. 6457, 5/15/2023)
(1) 
In addition to the provisions in section 4.029, any user who violates the following conditions is subject to discharge termination:
(a) 
Violation of individual wastewater discharge permit conditions;
(b) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(d) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
(e) 
Violation of the pretreatment standards in sections 4.006 through 4.014.
(2) 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to appeal as set out in sections 4.032 through 4.035. Exercise of this option by the City Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. No. 6457, 5/15/2023)