A. 
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load as defined in Section 13.08.040 of this chapter, that might cause potential problems for the POTW, the user shall immediately telephone and notify the director of the incident in order that countermeasures may be taken by the director to minimize damage to the wastewater facilities, treatment processes, and the receiving waters. This notification shall include the location of the discharge, type of waste, concentration, and volume, if known, and corrective actions taken by the user.
B. 
Within five days following such discharge, the user shall, unless waived by the director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
C. 
In order that employees or users may be informed of city requirements, users shall make available to their employees copies of this chapter together with such other wastewater information and notices which may be furnished by the city, from time to time, directed toward more effective water pollution control. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection A, above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
D. 
Significant industrial users are required to notify the director immediately of any changes at its facility affecting the potential for a slug discharge.
E. 
Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable, the user shall appropriately label such entry points to warn against discharge of such wastes in violation of this chapter.
(Ord. 2013-24, § 1, 7/22/2013; Ord. 2023-24, § 1, 11/27/2023)
The director may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific actions to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the compliance orders issued pursuant to Article IX, Section 13.08.470 of this chapter and shall be judicially enforceable.
(Ord. 2013-24, § 1, 7/22/2013)
When the director 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 director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. 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. 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. 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. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 2013-24, § 1, 7/22/2013)
When the director 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, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:
A. 
Immediately comply with all requirements;
B. 
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;
C. 
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. 2013-24, § 1, 7/22/2013)
The director may order a user which 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, to appear before the director and show cause why enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause as to why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ord. 2013-24, § 1, 7/22/2013)
Any user, permit applicant, or permit holder affected by any decision, action or determination, including cease and desist orders, made by the director, interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the director a written request for reconsideration within ten (10) days of such decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration.
(Ord. 2013-24, § 1, 7/22/2013)
If the ruling made by the director is unsatisfactory to the person requesting reconsideration, he or she may within ten (10) days after notification of the action, file a written appeal to the city council. The written appeal shall be heard by the city council within thirty (30) days from the date of filing. The city council shall make a final ruling on the appeal within fifteen (15) days of the close of the meeting. The director's decision, action, or determination shall remain in effect during such period or reconsideration.
(Ord. 2013-24, § 1, 7/22/2013)
In order to comply with the public participation requirements of Title 40, Code of Federal Regulations, Part 25, in the enforcement of national pretreatment standards, the city shall provide public notification, at least annually in a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, of industrial users which, during a twelve (12) month period, are found to be in significant noncompliance as defined by Title 40, Code of Federal Regulations, Part 403.8 (f)(2)(viii) as follows:
For the purposes of this provision, a significant industrial user (or any industrial user which violates subsection C, D, or H of this section) is in significant noncompliance if its violation meets one or more of the following criteria:
A. 
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined in Section 13.08.040 of this chapter;
B. 
Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined in Section 13.08.040 of this chapter, multiplied by 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 standard or requirement as defined by Section 13.08.040 of this chapter (daily maximum, long-term average, instantaneous limit, 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 POTW 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 under Section 13.08.610 of this chapter to halt or prevent such a discharge;
E. 
Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
F. 
Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. 
Failure to accurately report noncompliance;
H. 
Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 2013-24, § 1, 7/22/2013; Ord. 2023-24, § 1, 11/27/2023)