(A) 
Bylaws, Rules and Regulations. The Board of Public Works of the city shall, in accordance with the state statutes, make and enforce whatever bylaws, rules and regulations it may deem necessary for the safe, economical and efficient management of the city's sewage works, for the construction and use of building sewers and connections to the sewerage system, for the regulation, collection and refunding of the rates and charges for sewerage service and, in general, for the implementation of the provisions of this chapter.
(B) 
Amendment. The city reserves the right to amend this chapter, including the rates established, in part or in whole, as provided and permitted by the state statutes, whenever it may deem it necessary.
(Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984; Code 2000 § 51.100; Code 1981 §§ 13.20.250 and 13.20.350)
The authority may suspend the wastewater treatment service and/or the wastewater permit of a discharger if it appears to the authority that an actual or threatened discharge presents an imminent danger to the welfare of persons, to the environment, to the operation of the POTW or violates any pretreatment limits or any wastewater permit. Any discharger notified of the suspension of wastewater treatment service and/or any discharger's wastewater permit must, within a reasonable period of time as determined by the authority, cease all discharges. If the discharger fails to comply voluntarily with the suspension order within the specified time, the authority must immediately commence judicial proceedings to compel the discharger's compliance with the order. The authority can reinstate the wastewater permit and/or the wastewater treatment service and terminate judicial proceedings, provided the discharger can prove the elimination of the noncomplying discharge of conditions as outlined in this section.
(Ord. 1598-2018; Ord. 662, 1984; Code 2000 § 51.101; Code 1981 § 13.20.260)
The authority may revoke the permit of any discharger failing to:
(A) 
Factually report the wastewater constituents and characteristics of its discharge;
(B) 
Report significant changes in wastewater constituents or characteristics;
(C) 
Refuses reasonable access to his or her premises by representatives of the authority for the purpose of inspection or monitoring; or
(D) 
Violates the conditions of this permit, the city's ordinance or any final judicial order.
(Ord. 1598-2018; Ord. 662, 1984; Code 2000 § 51.102; Code 1981 § 13.20.270)
Where a violation of the city's ordinance or of applicable pretreatment regulations occurs and is not corrected by timely compliance, the proposed permit revocation action should not be taken. A written notice must be served on the discharger by personal service, certified or registered mail, specifying the time and place of a hearing to be held by the authority. The hearing will consider the violation, the proposed enforcement action, reasons why the enforcement action is to be taken and directing the discharger to show cause before the authority as to why the proposed enforcement action should not be taken. The notice of the hearing must be served no less than 10 days before the hearing. Service may be made on any agent, officer or authorized representative of a discharger. The proceedings at the hearing will be considered by the authority and appropriate orders with respect to the alleged improper activities of the discharger will be issued.
(Ord. 1598-2018; Ord. 662, 1984; Code 2000 § 51.103; Code 1981 § 13.20.280)
If any person discharges sewage, industrial wastes or other wastes into a city's wastewater disposal system contrary to the municipal ordinance, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence an action for appropriate legal and/or equitable relief in the circuit court of the county.
(Ord. 1598-2018; Ord. 662, 1984; Code 2000 § 51.104; Code 1981 § 13.20.290)
A list of all dischargers which were the subject of significant enforcement proceedings pursuant to provisions of a municipal ordinance or state or federal regulations during the previous calendar year must be published annually by the authority in the largest daily newspaper in the municipality in which the authority is located. The article should summarize the enforcement actions taken against the dischargers during the calendar year in which violations remained uncorrected 45 or more days after notification of noncompliance, or which have exhibited a pattern of noncompliance over that one-year period, or which involve failure to accurately report noncompliance.
(Ord. 1598-2018; Ord. 662, 1984; Code 2000 § 51.105; Code 1981 § 13.20.300)
Any discharger or any interested party has the right to request in writing an interpretation or ruling by the authority on any matter covered by a municipal ordinance and is entitled to a prompt written reply. In the event that such an inquiry is by the affected discharger and deals with matters of compliance with the ordinance or deals with a wastewater permit, receipt of the discharger's request will delay all enforcement proceedings until he receives the written reply.
(Ord. 1598-2018; Ord. 662, 1984; Code 2000 § 51.106; Code 1981 § 13.20.310)
(A) 
Any discharger that experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter or a wastewater permit must inform the authority within 24 hours of the upset occurrence. When such information is given orally, a written report must be sent to the authority within five days. The report must specify:
(1) 
The description of the upset, the cause and the upset's impact on the discharger's compliance status;
(2) 
The duration of noncompliance, including times and dates of noncompliance; and
(3) 
The steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset.
(B) 
A documented and verified operating upset can be an affirmative defense to any enforcement action brought by the authority against a discharger for noncompliance if the requirements of 40 CFR Section 403.16(c) are met.
(Ord. 1598-2018; Ord. 662, 1984; Code 2000 § 51.107; Code 1981 § 13.20.320)
The provisions of this chapter shall be enforced by the Mayor and/or the Superintendent and such deputies as he or she, with the approval of the Common Council, may appoint for such purpose. Whenever the Mayor and/or Superintendent or any such deputy shall deem it appropriate to charge a person with a violation of this chapter, he or she shall issue to such person a notice of violation which shall be processed according to the provisions of IC 36-1-6-1 through 36-1-6-4. The Mayor and/or Superintendent shall cause to be prepared, in duplicate, suitable serially-numbered forms of such notices of violation and shall issue a supply of them to such deputies, taking their receipts therefor; provided only, that such notice of violation forms shall not be printed until it has been approved by the City Attorney or his or her authorized associate. Each such deputy shall make a written accounting to the Superintendent of his or her disposition of the notice of violation forms issued to him or her. The Mayor and/or Superintendent shall each month make a written report to the Board of Public Works, with copies to the Clerk-Treasurer and the City Attorney, of the disposal made by the deputies of the notice of violation forms issued to them. These reports shall be public records.
(Ord. 1598-2018; Ord. 789, 1990; Code 2000 § 51.108; Code 1981 § 13.20.340)
(A) 
Any person found to be violating or failing to comply with any of the provisions of this chapter shall be served by the city with a written notice stating the nature of the violation and providing a reasonable time limit for its satisfactory correction. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(B) 
Any person violating any of the provisions of this chapter and convicted thereof shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
(C) 
Any violation of this chapter is declared to be a public nuisance.
(D) 
Any person who violates any provision of this chapter which, in the judgment of the Board of Public Works and Safety, requires the services of a commercial laboratory shall be liable for all costs of such service.
(Ord. 1598-2018; Ord. 822, 1992; Ord. 789, 1990; Ord. 762, 1988; Ord. 662, 1984; Code 2000 § 51.109; Code 1981 § 13.20.330)
[1]
Cross-reference: Nuisances, see Chapter 8.15 AMC.
(A) 
The Superintendent, or any employee of the city responsible for the implementation and enforcement of this chapter, while acting for the city, shall not be rendered liable personally, and is hereby relieved from all personal liability for any damages accruing to persons or property because of any act required or permitted in the discharge of official duties required under this chapter.
(B) 
The Superintendent or any employee of the city shall not be liable for costs in any action, suit or proceedings that is instituted in pursuance of the provisions of this chapter, and the Superintendent or any employee of the city acting in good faith and without malice shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(Ord. 1598-2018)
Any person violating any provision of this chapter shall be subject to the penalty as stated in Chapter 1.15 AMC.
(Ord. 1598-2018; Code 2000 § 51.999)