A. 
The provisions of this chapter together with any standards, requirements and procedures promulgated under authority of this chapter or otherwise made subject to enforcement under this chapter, and all terms and conditions of any permit, control mechanism, directive or compliance order issued under authority of this chapter, are subject to enforcement pursuant to and under authority of TMC Chapter 1.82, the Uniform Enforcement Code, which code is made a part of this chapter. The control authority is authorized to exercise all powers and authority granted pursuant to TMC Chapter 1.82, including by way of example and not limitation, the power to issue compliance orders, corrective action notices, and notices of violation, assess monetary penalties, approve voluntary correction agreements, and develop, promulgate, revise, and implement policies and procedures governing enforcement actions under TMC Chapters 1.82 and 12.08C. The Director is further empowered to delegate enforcement authority under TMC Chapters 1.82 and 12.08C to such persons as may be determined by the Director. Any such power and authority authorized pursuant to TMC Chapter 1.82 is in addition to the power and authority granted pursuant to TMC Chapter 12.08C and any other applicable state or federal law or regulation.
B. 
Except as otherwise provided herein, the maximum monetary penalty that may be assessed for each violation per day or portion thereof, and each continuing day or portion thereof, shall not exceed $10,000. The maximum monetary penalties set forth at TMC § 1.82.050F are not applicable to violations of this Chapter. Monetary penalties shall be assessed in accordance with the most recent version of the Environmental Services Enforcement Response Plan as promulgated by the Director pursuant to TMC Chapter 12.08A.
C. 
Compliance with the requirements of this chapter is mandatory except as may be otherwise provided in this chapter. Except as otherwise provided herein, any act or omission by a responsible person in noncompliance with any duty, requirement, or obligation set forth in this chapter, set forth in any standard, requirement or procedure promulgated under authority of this chapter or otherwise made subject to enforcement under this chapter, or set forth in a term or condition of any permit, authorization, control mechanism, directive or compliance order issued under authority of this chapter, shall constitute a violation of this chapter and is subject to enforcement by the Control Authority.
D. 
Violations of this chapter may include, by way of example, but are not limited to the following acts or omissions:
1. 
Failure to accurately report the wastewater constituents and characteristics of a discharge;
2. 
Failure to submit any report or notices required by this chapter;
3. 
Failure to report known or reasonably anticipated changes in wastewater constituents or characteristics, including increased flows, prior to the changed discharge;
4. 
Misrepresenting or intentionally failing to disclose all relevant facts in an industrial wastewater discharge permit application, report, or other submittal required under this chapter;
5. 
Falsifying self-monitoring reports;
6. 
Tampering with monitoring equipment;
7. 
Unreasonably withholding consent for access by authorized City representatives to conduct a compliance inspection and other activities described in TMC § 12.08C.900;
8. 
Violating any applicable pretreatment standard, pretreatment requirement or local limit; and
9. 
Violating any provision of this chapter, including the terms of a permit, order, authorization or other control mechanism issued under the authority of this chapter.
E. 
Policies and procedures governing enforcement of violations of this chapter and assessment of monetary penalties are set forth in the Environmental Services Enforcement Response Plan. The Enforcement Response Plan, and all amendments thereto, shall be issued by the Director or Director’s designee, a copy of which shall be made available to the public pursuant to such requirements and procedures as are issued by the Director pursuant to TMC Ch. 12.08A.030 to ensure public notice.
F. 
Any responsible person who willfully violates any provision of this chapter, or any permit, order, control mechanism or other written authorization or directive issued by the Control Authority thereunder shall, upon conviction, be guilty of a gross misdemeanor punishable by a fine of not more than $10,000, or by imprisonment in jail for up to three hundred sixty-five (365) days, or both. Each day upon which a willful violation of this chapter, or any permit, order, control mechanism or other written authorization or directive issued by the City thereunder occurs may be deemed a separate and additional violation.
G. 
Any person who knowingly and falsely makes, completes, or alters a written instrument required to be submitted to the Control Authority pursuant to this chapter, or requirement or procedure promulgated under this chapter, or a term or condition of any permit, control mechanism, directive or compliance order issued under authority of this chapter, shall be guilty of a gross misdemeanor and subject to a fine of not more than $5,000 or by imprisonment in jail for up to three hundred sixty-five (365) days, or both. Proof of intent to defraud or injure is not required.
H. 
Persons, whether inside or outside the City, that discharge substances in violation of this chapter to the POTW, including but not limited to persons that cause pass through or interference, shall be liable to pay any supplemental fees the Control Authority incurs to respond to such violation in accordance with the liability for supplemental fees section set forth in TMC Chapter 12.08B.
(Ord. 28761 Ex. C, 2021-05-25)
The enforcement provisions in this chapter are not exclusive remedies. The Control Authority may take any, all, or any combination of the enforcement actions described in this chapter against an industrial user in violation of this chapter. Furthermore, the Control Authority may pursue any other available remedies that exist in law or equity, including but not limited to, injunctive relief against an industrial user in violation of this chapter. Enforcement of violations will generally be in accordance with TMC Chapter 1.82 and the Environmental Services Enforcement Response Plan.
(Ord. 28761 Ex. C, 2021-05-25)
A. 
Suspension of service – Emergency. In addition to any other authority set forth in this chapter, the Control Authority may, pursuant to a stop-use order, immediately suspend an industrial user’s actual or threatened discharge to the POTW whenever the Control Authority has reasonable cause to believe that, an actual or threatened discharge, or other violation of this chapter, either:
1. 
Presents an imminent threat or substantial danger to the health and welfare of persons or the environment, or
2. 
Presents an imminent threat to, or does cause, cause pass through or interference. Depending on the emergent circumstances, the Control Authority may provide either verbal or written notice to suspend an industrial user’s actual or threatened discharge.
B. 
Suspension of service – Other violations. The Control Authority may, pursuant to a stop-use order, suspend wastewater services at a premises where a connection to the POTW has been made in violation of this chapter, the Control Authority’s NPDES permit, or any authorization, control mechanism, directive or compliance order issued under authority of this chapter.
C. 
Suspension of service – Access. Unreasonable refusal to allow Control Authority representatives to access a premises pursuant to TMC § 12.08C.900 (Right of Entry) to determine compliance with this Chapter may, pursuant to a stop-use order, result in the suspension of discharges to the POTW.
D. 
Any industrial user receiving a notice to suspend its discharge shall suspend discharging to the POTW in accordance with the requirements contained in the notice. If an industrial user fails to immediately comply with the terms of a notice to suspend an actual or threatened discharge, the Control Authority may take steps it deems reasonably necessary to protect the health and welfare of persons, the environment or the POTW, which may include, but is not limited to, severing the industrial user’s sanitary sewer connection at any accessible location. As a condition of allowing the industrial user to recommence its discharge, the Control Authority may require the industrial user to submit a written statement describing the corrective action it has implemented to prevent discharges that presented an imminent danger or threat to the health and welfare of persons, the environment, or threatened to interfere with the operation of the POTW.
E. 
Nothing in this section prevents the Control Authority from taking any other enforcement action authorized by this chapter or otherwise available at law.
(Ord. 28761 Ex. C, 2021-05-25)