(A) 
When the DCO finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the DCO may petition a court of competent jurisdiction through the City Attorney for the issuance of a temporary restraining order and 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 chapter on activities of the user.
(B) 
The DCO 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.
(C) 
A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ordinance 4229 adopted 9/24/2024)
(A) 
The remedies provided for in this chapter are not exclusive. The DCO may take any, all, or any combination of these actions against a noncompliant user.
(B) 
Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the DCO may take other action against any user when the circumstances warrant.
(C) 
The DCO is empowered to take more than one enforcement action against any noncompliant user.
(Ordinance 4229 adopted 9/24/2024)
(A) 
More stringent discharge limits.
If national pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed under this chapter are promulgated by the EPA for certain industries, the more stringent national pretreatment standards will apply to the affected user. A violation of the more stringent national pretreatment standards will also be considered a violation of this chapter.
(B) 
Applicability of more stringent discharge limits.
A 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 chapter, or by a discharge permit issued hereunder, because the EPA 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 DCO is authorized to issue a discharge permit to a user affected by subsection (B)(1), to ensure notice of and compliance with the more stringent discharge limits. If the user already has a discharge permit, the DCO may amend the permit to apply and enforce the more stringent discharge limits. A user shall submit to the DCO 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 DCO chooses not to issue or amend a permit under subsection (B)(2), the DCO shall notify the affected user in writing of the more stringent discharge limits and their effective date. Regardless of whether or not a permit is issued or amended, a 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 EPA. The DCO shall take the appropriate action to notify the affected user of an occurrence under this subsection (B)(4).
(C) 
Variances in compliance dates.
The DCO may grant a variance in compliance dates to a user when, in the DCO's opinion, such action is necessary to achieve pretreatment or corrective measures. In no case shall the DCO grant a variance in compliance dates to a user affected by national categorical pretreatment standards beyond the compliance dates established by the EPA.
(D) 
Authority to regulate.
The DCO may establish regulations, not in conflict with this chapter or other laws, to control the disposal and discharge of waste into the wastewater system, and to ensure compliance with the city's pretreatment enforcement program with all applicable pretreatment regulations promulgated by the EPA. The policies and regulations established shall, where applicable, be made part of any discharge permit issued to a user by the DCO.
(Ordinance 4229 adopted 9/24/2024)