[Ord. No. 1840, 12-15-2025]
A. 
The Control Authority shall implement an Enforcement Response Plan which provides escalating enforcement remedies for non-compliance with these Regulations.
B. 
The Enforcement Response Plan shall provide recommendations and guidance to implement the enforcement remedies defined herein.
C. 
When a User violates or continues to violate any provision of these Regulations, the Control Authority shall notify the User of such violations.
D. 
The Control Authority is authorized to investigate instances of non-compliance and implement enforcement remedies to return the User to compliance or otherwise resolve the non-compliance.
E. 
Users are not relieved of liability for any violations occurring before or after receipt of notifications or enforcement remedies served by the Control Authority.
F. 
Nothing in these Regulations shall limit the authority of the Control Authority to take any action, including emergency actions or any other enforcement.
G. 
Exercise of enforcement remedies by the Control Authority shall not be a bar to, or a prerequisite for, taking any other action against the User.
H. 
Remedies Non-exclusive. The remedies authorized in these Regulations and implemented in the Enforcement Response Plan are not exclusive. The Control Authority may take any, all, or any combination of these remedies or other measures against a non-compliant User.
[Ord. No. 1840, 12-15-2025]
A. 
The Control Authority shall publish at least annually, in the notice section on the City's website, a list of Users that, at any time during the previous twelve (12) months, were in Significant Non-Compliance with applicable Pretreatment Standards and Requirements. The term "Significant Non-Compliance" applies to all Significant Industrial Users (or any other Industrial User that violates Article VII, Section 710.720(A)(3), (4) or (8) and shall mean:
1. 
Chronic violations of Wastewater Discharge limits, defined here as those in which sixty six percent (66%) or more of all of the measurements taken for the same Pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits;
2. 
Technical Review Criteria (TRC) violations, defined here as those in which thirty three percent (33%) or more of all of the measurements taken for the same Pollutant parameter during a six (6) month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other Pollutants except pH);
3. 
Any other violation of a Pretreatment Standard or Requirement (daily maximum, long-term average, Instantaneous Limit, or narrative Standard) that the Control Authority determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of Control Authority personnel or the general public;
4. 
Any Discharge of a Pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Control Authority's exercise of its emergency authority to halt or prevent such a Discharge;
5. 
Failure to meet, within ninety (90) days after the schedule date, a compliance milestone contained in a Control Mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
6. 
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 milestones;
7. 
Failure to accurately report non-compliance; or
8. 
Any other violation or group of violations, which may include a violation of Best Management Practices, which the Control Authority determines will adversely affect the operation or implementation of the local Pretreatment program.
[Ord. No. 1840, 12-15-2025]
A. 
The Control Authority shall administratively document and escalate enforcement remedies relative to non-compliance with these Regulations.
B. 
Informal Review Meeting. Informal call or meeting to discuss the non-compliance either before or after the enforcement action is issued.
C. 
Informal Communication. Informal communication is used to identify and document minor instances of non-compliance with the User to avoid further non-compliance and escalation of enforcement.
D. 
Warning Letter. Warning Letters communicate instances of non-compliance of Pretreatment Standards or Requirements. The Control Authority may require the User to complete corrective actions including a written response to the violation.
E. 
Notice Of Violation. Notice to the User to identify and document instances of non-compliance with Pretreatment Program requirements. The Control Authority shall require a written response from the User to be submitted to the Control Authority within thirty (30) days (or sooner if required by the Control Authority).
F. 
Standards Meeting. A meeting to discuss a non-compliance and subsequent enforcement including discussion of corrective actions.
G. 
Consent Order. An agreement negotiated by both the Control Authority and the User. A Consent Order must be signed by representatives from both Parties before being "issued" and is therefore not subject to appeal. Corrective actions or Compliance Milestones and due dates associated with this enforcement type are a Compliance Schedule.
H. 
Compliance Order. An enforcement document which is unilaterally issued by the Control Authority. Corrective actions and assigned due dates associated with this enforcement type are a Compliance Schedule.
I. 
Significant Non-Compliance Documentation. Provided by the Control Authority to a User to document Significant Non-Compliance status and the associated public notice requirement per Article VII, Section 710.720.
J. 
Show Cause Hearing. The Control Authority may order a User to appear before the Control Authority and show cause why proposed enforcement remedy should not be taken or to address an appeal initiated by a User.
1. 
Notice shall be served on the User specifying the time and place for the hearing, the proposed enforcement action, the reasons for the action, and a request that the User show cause why this proposed enforcement action should not be taken.
2. 
The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least thirty (30) days prior to the hearing. The notice may be served on any Authorized Representative of the User.
3. 
The Show Cause Hearing may result in the non-compliance to be referred to the court of jurisdiction for a judicial enforcement remedy per Article VII, Section 710.740 if an agreement cannot be reached.
K. 
Cease And Desist Orders. When the Control Authority finds that the User's past violations are likely to recur, the Control Authority may issue an order to the User directing it to cease and desist all violations and directing the User to:
1. 
Immediately (i.e., without delay) comply with all requirements; and
2. 
Take the appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or otherwise terminating the Discharge.
L. 
Administrative Fines.
1. 
Notwithstanding any other requirement of these Regulations, any User may be assessed a administrative fine in an amount not to exceed one thousand dollars ($1,000.00) per violation, per day.
2. 
In the case of monthly or other long-term average Discharge limits, fines may be assessed for each day during the period of violation.
3. 
Failure to pay Administrative Fines shall result in late fees or interest fees consistent with the Control Authority's policy for unpaid utility bills.
M. 
Emergency Suspensions.
1. 
The Control Authority may immediately (i.e., without delay) suspend a User's Discharge with or without informal notice to the User whenever the suspension is necessary to stop an actual or threatened Discharge which poses a threat to the welfare of persons or a threat to the operation of the POTW or otherwise endangers the environment.
2. 
The Control Authority shall allow the User to recommence its Discharge when the User has demonstrated to the satisfaction of the Control Authority that the period of endangerment has passed.
3. 
Nothing in these Regulations shall be interpreted as requiring a hearing prior to any emergency suspension.
N. 
Water Supply Severance. When a User has violated or continues to violate any provision of these Regulations, Control Mechanism, order issued herein, or any other Pretreatment Standard or Requirement, water service to the User may be severed. Service may recommence, at the User's expense, only after the User has satisfactorily demonstrated its ability to comply and has paid all outstanding fees, fines, or penalties incurred as a result of non-compliance with these Regulations.
O. 
Permit or Control Mechanism Termination per Article IV, Section 710.520. Such User shall be notified of the proposed termination of its Discharge and be offered an opportunity to show cause under Article VII, Section 710.730(J) why the proposed action should not be taken.
P. 
Appeals.
1. 
Users desiring to dispute enforcement remedies including penalties, fines, and charges must file a written request for the Control Authority to reconsider the remedy within thirty (30) days of being notified.
2. 
The Control Authority shall respond within thirty (30) days with approval or denial of the appeal.
3. 
Enforcement actions issued without a Show Cause Hearing having taken place shall be handled through a Show Cause Hearing per Article VII, Section 710.730(J).
4. 
Enforcement actions issued as a result of a Show Cause Hearing shall be handled by an appearance before the Control Authority's Pretreatment Committee. The User shall be notified of the date, time, and location of the appeal at least thirty (30) days prior to the appeal.
[Ord. No. 1840, 12-15-2025]
A. 
When Administrative Enforcement Remedies do not successfully bring a User into compliance, the Control Authority may use judicial enforcement remedies. These mechanisms are not required to be a prerequisite to taking any other action against a User.
1. 
Injunctive Relief.
a. 
The Control Authority may petition the court with jurisdiction through the Control Authority's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels corrective action imposed by these Regulations on activities of the User.
b. 
The Control Authority may also seek such other action as appropriate for legal and equitable relief, including a requirement for the User to conduct environmental remediation.
2. 
Civil Penalties.
a. 
A User who has violated or continues to violate any provision of these Regulations, Permit, other Control Mechanism, order issued hereunder, or any other Pretreatment Standard or Requirement, shall be liable to the Control Authority for a civil penalty of one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average Discharge limit, penalties may accrue for each day during the period of the violation.
b. 
The Control Authority may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Control Authority.
c. 
In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the User's violation, corrective actions by the User, the compliance history of the User, and any other factor as justice requires.
3. 
Criminal Prosecution.
a. 
The Control Authority is authorized to refer violations of these Regulations to the proper authorities for the investigation and enforcement of criminal matters.
b. 
Upon conviction, criminal penalties shall be assessed to the maximum amount allowed by law on a per violation, per day basis.
c. 
Criminal prosecution applies to the following users:
(1) 
Any User who willfully or negligently violates any provision of these Regulations, Permit, other Control Mechanism, order issued hereunder, or any other Pretreatment Standard or Requirement.
(2) 
Any User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage. The fine shall be in addition to any other cause of action for personal injury or property damage available under State law.
(3) 
Any User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to these Regulations, Permit, other Control Mechanism, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method.
[Ord. No. 1840, 12-15-2025]
Payment Of Outstanding Fees And Penalties. The Control Authority may terminate a Control Mechanism, decline to issue, or decline to reissue a Control Mechanism to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of non-compliance of these Regulations.