A. 
The director may assess a penalty of $100.00 to any nondomestic user for each day that a report required by this chapter, a permit or order issued hereunder is late. The director's actions to collect late reporting penalties shall not limit the director's authority to initiate any other enforcement action. Nondomestic users desiring to dispute such fines must follow the procedures in BLMC § 13.14.1160.
B. 
The director may assess a penalty of $100.00 for each day that a nondomestic user or establishment where fats, oils and grease may be introduced into the POTW is not in compliance with the routine maintenance schedule as authorized in BLMC § 13.14.410(H). The director's actions to collect penalties for noncompliance per this section shall not limit the director's authority to initiate any other enforcement action. Nondomestic users desiring to dispute such fines must follow the procedures in BLMC § 13.14.1160(E).
(Ord. 1719 § 1 (Exh. A), 2024)
The director may require a satisfactory bond, payable to the control authority, in a sum not to exceed a value determined by the director as necessary to assure the nondomestic user will achieve consistent compliance with this chapter. The director may require this bond as an enforcement response or as a prerequisite to issue or reissue a wastewater discharge permit. Any nondomestic user who has failed to comply with any provision of this chapter, a previous permit or order issued hereunder, or any other pretreatment standard or requirement may be subject to this requirement. This bond may also be required of any category of user which has led to public burdens in the past regardless of the compliance history of the particular user. The control authority may use this bond to pay any fees, costs, or penalties assessed to the user whenever the nondomestic users account is in arrears for over 30 days. This includes the costs of cleanup of the site if the nondomestic user goes out of business, sells the business to a person that does not first assume the bond, or goes bankrupt. Nondomestic users may petition the director to convert their performance bond to a requirement to provide liability insurance, or to forego any such safeguard based on their performance. A nondomestic user may petition no more frequently than once in any 12-month period.
(Ord. 1719 § 1 (Exh. A), 2024)
The director may require any nondomestic user to provide insurance if they previously failed to comply with any provision of this chapter, a previous permit, or order issued hereunder, or any other pretreatment standard or requirement. The director may also require nondomestic users in businesses which historically have left a public burden to clean up pollution to obtain this insurance, regardless of their compliance history. In such cases, nondomestic users must provide proof that the insurance is sufficient to cover any liabilities incurred under this chapter, including the cost of damages to the POTW and the environment caused by the user. The director may require nondomestic users to provide the proof of such insurance either in response to noncompliance or prior to issuing or reissuing a wastewater discharge permit.
(Ord. 1719 § 1 (Exh. A), 2024)
The director may decline to issue or reissue a wastewater discharge permit to any nondomestic user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous permit or order issued hereunder.
(Ord. 1719 § 1 (Exh. A), 2024)
The director may order water service to a nondomestic user severed whenever a nondomestic user has violated or continues to violate any provision of this chapter, a permit, or order issued hereunder, or any other pretreatment standard or requirement; provided, that if the city is the water utility service provider, the director must obtain the approval of the city in order to have authority to order the water service to be severed. Nondomestic users wishing to restore their service must first demonstrate their ability to comply with this chapter and pay the related costs of this action.
(Ord. 1719 § 1 (Exh. A), 2024)
A violation of any provision of this chapter or a permit or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the director or the city. Any person(s) creating a public nuisance shall be subject to the provisions of applicable law governing such nuisances, including reimbursing the control authority for any costs incurred in removing, abating, or remedying said nuisance.
(Ord. 1719 § 1 (Exh. A), 2024)
Nondomestic users which have not achieved compliance with applicable pretreatment standards and requirements may not be eligible to receive a contractual award for the sale of goods or services to the control authority or contributing jurisdiction. Existing contracts for the sale of goods or services to the control authority or contributing jurisdiction held by a nondomestic user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the director.
(Ord. 1719 § 1 (Exh. A), 2024)