Sec. 24-48(1). Any person violating any provisions of this article or any condition or limitation of a permit issued pursuant thereto, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed three hundred dollars ($300.00), and imprisonment not to exceed sixty (60) days, or both. Each day during which any violation continues shall constitute a separate offense punishable as provided above.
Sec. 24-48(2). Any person who intentionally or negligently allows discharge to the wastewater collection and treatment system any industrial wastewater which is detrimental to the treatment works or its proper and efficient operation and maintenance, shall be civilly liable to the city for a sum not to exceed six thousand dollars ($6,000.00) for each day in which such violation occurs. In the event of such violation, the director shall, upon authorization from the city manager, petition the courts to impose, assess and recover such sums expended by the department of water and sewers to correct the resultant damage to its sewerage systems.
Sec. 24-48(3). All charges for the industrial surcharge, for sampling and/or analysis of wastewater, for excessive sewer maintenance, for the annual treatability charge, or any other charge authorized by this article shall be paid within twenty (20) days of the date of the billing. After twenty (20) days from the date of billing the unpaid balance shall be subject to a basic penalty charge of ten (10) percent. Interest at the rate of one-half (0.5) percent per month shall accrue on the sum of delinquent payments and penalty charges compounded monthly.
Sec. 24-48(4). Wastewater dischargers existing on the effective date of this article who cannot comply with wastewater quality limitations with existing pretreatment equipment may receive a permit allowing discharge of wastes which are in violation of section 24-45 of this article. This permit will be valid for a period set by the director, which is consistent with the time required to install the equipment necessary to comply with the standards set forth in section 24-45. In no case shall this period for compliance exceed two (2) years. The above temporary permit shall require compliance with section 24-45, except where specifically stated in the permit. The permit holder shall be subject to treatability charges as outlined in minor section 24-43(4), and he is in no way relieved of any charges for excessive sewer maintenance resulting from discharges which adversely affect the sewage collection and treatment facilities.
Sec. 24-48(5). Should measurements or other investigations reveal that an industrial discharger is discharging waste volume or pollutant quantities in excess of those permitted by the discharge permit, or in excess of the quantities reported to the utility by the discharger, the discharger shall apply for an amended permit and shall be assessed for delinquent charges with penalty and interest as outlined in minor section 24-48(3) above. For purposes of determining that the discharger is exceeding reported or permitted values, the following metering and/or sampling data shall be considered adequate:
The sample analysis and/or metering data must show that on three (3) separate twenty-four-hour periods, the discharger exceeded the reported or permitted wastewater quality or quantity parameters by ten (10) percent or more. For the purpose of estimating delinquent charges any discharger found in violation shall, in the absence of other evidence or previous discharge verifications, be presumed to have been discharging the preceding three (3) years at the determined parameter values.
Sec. 24-48(6). Suspension of Permit for Industrial Wastewater Discharge. The director may suspend a permit for industrial wastewater discharge for a period not to exceed forty-five (45) days when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment or to the city's sewerage system.
Any discharger notified of a suspension of his industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the director shall take such steps as are reasonably necessary to ensure compliance.
Any suspended discharger may file with the director a request for an appeal board hearing in which event the appeal board shall meet within fourteen (14) days of the receipt by the director of such request. The board shall hold a hearing on the suspension and shall either confirm or deny the action of the director. Reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in minor section 24-48(8), five (5) days prior to the hearing date. At this hearing, the suspended discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf. In the event that (a) the board fails to meet within the time set forth above, or (b) fails to make a determination within five (5) days after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the director.
The director shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with all discharge requirements of the city. Upon the failure of the suspended discharger to meet the requirements of the city, the director shall institute a separate revocation hearing pursuant to minor section 24-48(7).
Sec. 24-48(7). Revocation of Permit for Industrial Wastewater Discharge. The appeal board may revoke a permit for industrial wastewater discharge upon a finding that the discharger has violated any provision of this article. No revocation shall be ordered until a hearing on the question has been held by the appeal board. At this hearing the discharger may appeal personally or through counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the discharger in accordance with minor section 24-48(8) at least fifteen (15) days prior to the date of hearing.
Any discharger whose industrial wastewater permit has been revoked shall immediately stop all discharge of any liquid-carried wastes covered by the permit to any public sewer that is tributary to a sewer or sewerage system of the city. The director may disconnect or permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked, if such action is necessary to ensure compliance with the order of revocation.
Before any further discharge of industrial wastewater may be made by the discharger, he must apply for a new city permit for industrial wastewater discharge, pay all charges that would be required upon initial application together with all delinquent fees, charges and penalties, and such other sums as the discharger may owe to the city. Costs incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for industrial wastewater discharge.
Sec. 24-48(8). Notice of Violation.
(a) The director shall notify any person found to be in violation of this article or of any limitation or requirement of a permit issued hereunder except where the director finds that there is an imminent hazard to public health, safety or welfare, to the local environment or to the city's sewerage system. The director shall take no enforcement action under this article until ten (10) days from date notice is given, unless a different time period is required by law.
(b) Any notice required to be given by the director under this article shall be in writing and served by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the director. Where the address is unknown, service may be made the owner of record of the property involved.
(c) Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.
Sec. 24-48(9). Enjoinment From Discharge. Any holder of a permit for industrial wastewater discharge may be enjoined from discharging all industrial wastewater to the sewerage system until such person has complied with this article.
(Ord. No. 4672, § 5, 6-20-77)