When the Director of Public Works determines
that a user has violated, or continues to violate, any provision of
this chapter, an industrial discharge permit or order issued hereunder
or any other pretreatment standard or requirement, the Director of
Public Works may serve a verbal or written notice of violation specifying
the violation to the user. Within the time period specified in the
violation notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific
required actions, shall be submitted by the user to the Director of
Public Works. Submittal of this plan in no way relieves the user of
liability for any violations occurring before or subsequent to receipt
of the notice of violation. Nothing in this section shall limit the
authority of the Director of Public Works to take any action, including
emergency actions or any other enforcement action, without initially
issuing a notice of violation.
The Director of Public Works may require any user which has violated or continues to violate any provision of this chapter, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to develop a pollution prevention plan in accordance with §
136-19, Pollution prevention plans, of this chapter. The pollution prevention plan must specifically address violation(s) for which this action was undertaken. The pollution prevention plan shall be developed using good engineering judgment and shall be submitted to the Director of Public Works no later than 60 days after the user was notified of this requirement.
The Director of Public Works may publish annually,
in the largest daily newspaper published in the municipality where
the Lebanon Treatment Works is located, a list of the users that,
during the previous 12 months, were in significant noncompliance with
applicable pretreatment standards and requirements.
Any person or industrial user violating any
of the provisions of this chapter shall become liable to the city
for any expense, loss or damage occasioned the city by reason of such
violation. If the Director of Public Works or City Council shall have
caused the disconnection of a drain from a public sewer, the city
may collect the expenses associated with completing the disconnection
from any person or user responsible for, or willfully concerned in,
or who profited by such violation. The city may thereafter refuse
to permit the restoration of the former connection or of any new connection
to the property concerned in the violation until the claim of the
city for the cost of completing such disconnection shall have been
paid in full plus interest and the reasonable cost of any legal expenses
incurred by the city in connection therewith.
No person shall maliciously, willfully or negligently damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the public sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct pursuant to the Code of the City of Lebanon and state and federal statutes in accordance with §
136-97, Disorderly conduct arrest, of this chapter.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in §
136-10, Prohibited discharge standards, Subsection
A, General prohibitions, or the specific prohibitions in §
136-10, Prohibited discharge standards, Subsection
B, Specific prohibitions, of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
A. A local limit exists for each pollutant discharged
and the user was in compliance with each limit directly prior to,
and during, the pass-through or interference; or
B. No local limit exists, but the discharge did not change
substantially in nature or constituents from the user's prior discharge
when the city was regularly in compliance with its NPDES permit and,
in the case of interference, was in compliance with applicable sludge
use or disposal requirements.