The Executive Director may decline to reissue
a permit to any user which has failed to comply with the provisions
of this chapter, any order or previous permit issued hereunder or
any other pretreatment standard or requirement, unless such user first
files with it a satisfactory bond, payable to the district, in a sum
not to exceed a value determined by the Executive Director to be necessary
to achieve consistent compliance.
The Executive Director may decline to reissue
a permit to any user which has failed to comply with the provisions
of this chapter or any order or previous permit issued hereunder,
or any other pretreatment standard or requirement, unless the user
first submits proof that it has obtained financial assurances sufficient
to restore or repair POTW damage caused by its discharge.
The Executive Director is authorized to pay
up to $500 for information leading to the discovery of noncompliance
by a user. In the event that the information provided results in an
administrative fine or civil penalty levied against the user, the
Executive Director is authorized to disperse up to 10% of the collected
fine or penalty to the informant. However, a single reward payment
may not exceed $10,000, including the discovery reward.
The Executive Director shall publish annually,
in the largest daily newspaper published in the municipality where
the POTW is located, a list of the users which, during the previous
12 months, were in significant noncompliance with applicable pretreatment
standards and requirements. For this purpose, the term "significant
noncompliance" shall mean:
A. Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of wastewater measurements
taken during a six-month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any amount;
B. Technical review criteria (TRC) violations, defined
here as those in which 33% or more of wastewater measurements taken
for each pollutant parameter during a six-month period equals or exceeds
the product of the daily maximum limit or the average limit multiplied
by the applicable criteria;
C. Any other discharge violation that the Executive Director
believes 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 pollutants that has caused imminent
endangerment to the public or to the environment, or has resulted
in the Executive Director's exercise of his emergency authority to
halt or prevent such a discharge;
E. Failure to meet, within 90 days of the scheduled date,
a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction completing construction,
or attaining final compliance;
F. Failure to provide, within 30 days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports and reports on compliance with compliance
schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s) which the Executive Director
determines will adversely affect the operation or implementation of
the local pretreatment program.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in §
345-73A of this chapter or the specific prohibitions in §
345-73B(3) through
(23) 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 district was regularly in compliance with its NPDES permit
and, in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
The Board of Commissioners shall report industrial
waste discharges consistently failing to achieve County, state or
federal pollution standards to appropriate local, state or federal
agencies. The Executive Director shall assist appropriate local, state
or federal agencies as necessary in their review or action upon such
report.