100.35 PUBLIC NOTIFICATION OF SIGNIFICANT NONCOMPLIANCE.

The WRA shall annually publish, in the largest daily newspaper published in the WRA community, a list of users which at any time during the previous twelve months, were in significant noncompliance as defined in Section 100.36 of this chapter.

100.36 SIGNIFICANT NONCOMPLIANCE (SNC).

Any violation of pretreatment requirements (i.e., but not limited to: limits, sampling, analysis, reporting, meeting compliance schedules, and regulatory deadlines) is an instance of noncompliance for which the user is liable for enforcement, including penalties and injunctive relief. Instances of SNC are user violations which meet one or more of the following criteria:

1.   Violations of wastewater discharge limits.

   A.   Chronic Violations. Sixty-six percent (66%) or more of the measurements exceed the same daily maximum limit or the same average limit in a 6-month period (any magnitude of excess).

   B.   Technical Review Criteria (TRC) Violations. Thirty-three percent (33%) or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a 6-month period. (e.g., limit x TRC = the point at which a violation becomes a TRC violation). There are two groups of TRC’s:

      Group I for conventional pollutants (BOD, TSS, FOG)   TRC = 1.4

      Group II for all other pollutants   TRC = 1.2

   C.   Any other violation(s) of a wastewater discharge permit limit (average or daily maximum) that the WRA Director believes has caused, alone or in combination with other discharges, interference (including slug loads) or pass through; or endangered the health of the public or of the personnel of the WRA, or its operating contractor.

   D.   Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the exercise of emergency authority to halt or prevent such a discharge.

2.   Violations of compliance schedule milestones, contained in a wastewater discharge permit or enforcement order, for starting construction, completing construction, or attaining final compliance by ninety (90) days or more after the schedule date.

3.   Failure to provide reports for compliance schedules, self-monitoring data, or any other report required by the POTW within forty-five (45) days from the due date.

4.   Failure to accurately report noncompliance.

5.   Any other violations or group of violations, which may include a violation of Best Management Practices that the WRA Director considers to be significant.

When a user is in SNC, the WRA Director is directed to: (a) report the information to IDNR as part of the annual pretreatment performance summary of permitted user noncompliance; (b) include the user in the annual public notification according to Section 100.35; (c) address SNC through appropriate enforcement actions or document in a timely manner the reasons for withholding enforcement.

100.37 ADMINISTRATIVE ACTIONS.

1.   The WRA Director may issue a written notice to the user giving specific nature of violations which shall include the frequency, magnitude and impact of the violation upon the POTW. The notice may also include the following:

   A.   An order requiring a plan of action for preventing reoccurrence of the violation;

   B.   An order requiring specific action for accomplishing remediation;

   C.   An order requiring the user to respond in writing within thirty (30) days.

2.   The WRA Director is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for any noncompliance. Such orders will include specific action to be taken by the user to correct noncompliance within a time period specified by the order.

3.   The WRA Director may issue enforceable orders or schedules to require compliance with pretreatment standards including appropriate interim limits. Such orders and schedules may be incorporated as a revision to an existing wastewater discharge permit and shall not require the consent of the user.

100.38 ACTIONS AUTHORIZED.

Where there has been noncompliance with any provision of this chapter the WRA Director may request the attorney representing the WRA or operating contractor to bring an action in equity or at law to seek the issuance of a preliminary or permanent injunction or both or such other relief as may be appropriate to compel compliance by the user with this chapter. In addition to other remedies provided under this or other provisions of this chapter, in any action brought to enforce the provisions of this chapter, the attorney is authorized to seek to recover all actual damages suffered by the City or the WRA, including all actual damages and losses related to costs of repair and remediation of the POTW, costs of investigation and administration reasonably related to any particular violation and attorney fees.

100.39 CIVIL PENALTIES.

1.   Each violation of any provision of this chapter or of a permit issued under this chapter is declared to be a municipal infraction. Each day that a violation of a provision of this chapter continues and each day that a violation of permit issued under this chapter continues shall be considered a separate municipal infraction.

2.   Any person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter commits a municipal infraction, punishable by a civil penalty as provided in Chapter 4 of this Code of Ordinances.

3.   Any person who fails to perform an act required by the provisions of this chapter, or who commits an act prohibited by the provisions of this chapter, commits an environmental violation and shall be guilty of a municipal infraction, punishable by a civil penalty. Violation of a pretreatment standard or requirement referred to in 40 CFR 403.8 is an environmental violation punishable by a civil penalty as provided in Chapter 4 of this Code of Ordinances.

100.40 PERFORMANCE AND PAYMENT BONDS .

1.   The WRA Director may decline to reissue a permit to any user who has failed to comply with the provision of this chapter or any order or previous permit issued hereunder unless such user first files a satisfactory bond payable to the WRA in a sum not to exceed the value determined by the WRA Director to be necessary to achieve compliance giving due consideration to the number and magnitude of previous violations, potential need for remediation and stating the reasons which support the amount of bond in a written order directed to the user, but in no case shall the bond be required to be greater than $100,000.00. The user shall use a bond form prescribed by the WRA.

2.   The WRA director may require any user, including any permitted or non-permitted waste generator which sends its wastewater by truck to the WRF, to obtain a bond payable to the WRA with reasonable surety in a penal sum which will adequately cover treatment costs, surcharges, fees, or any other charges associated with discharge of wastewater to the POTW in the amount as listed in Section 100.17. The user shall use a bond form prescribed by the WRA.

(Ord. 2118 - Sep. 22 Supp.)

100.41 REVOCATION OF PERMIT; TERMINATION OF SEWER SERVICE.

1.   Conditions for Revocation and/or for Termination of Sewer Service. Any user who violates this chapter, any condition of its wastewater discharge permit, or any of the following, is subject to having its permit revoked and/or its sewer service terminated in accordance with the procedures of this section:

   A.   Failure to accurately report the wastewater constituents and characteristics of its discharge;

   B.   Failure of the user to report substantial changes in process activity or in volume or character of pollutants being discharged into the POTW at least 90 days prior to such change;

   C.   Tampering with monitoring equipment;

   D.   Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling;

   E.   Violation of permit conditions;

   F.   Failure to report an upset, failure, or bypass of user’s pretreatment facilities;

   G.   Failure to pay fines, fees, surcharges, or sewer service charges;

   H.   Failure to follow enforcement orders or compliance schedules;

   I.   Failure to correct a condition that impedes or alters the POTW’s ability to monitor the user’s discharge or has the potential to cause interference or pass through;

   J.   Failure to obtain a wastewater discharge permit as required by this chapter after notification by the WRA Director that such permit is required.

   K.   Failure to pay actual costs for negligent damage, or actual costs and penalties charged for grossly negligent or intentional damage, to the POTW not addressed elsewhere in this article.

2.   Procedures for Revocation and/or Termination of Sewer Service. The procedure for revocation of a discharge permit and termination of sewer service shall be as follows:

   A.   Any permit issued to a user pursuant to this chapter may be revoked, and sewer service terminated, by written order of the WRA Director, specifying the grounds for such revocation and termination as outlined in subsection 1 of this section, which order shall not take effect until hearing thereon as hereinafter provided. Upon determining that grounds exist for an order to revoke a user's discharge permit and terminate sewer service, the WRA Director shall cause a notice of hearing to be prepared, specifying the violations of subsection 1 of this section which are deemed to have occurred, and the time, date and place that such hearing will be held. The notice shall be sent to the user by regular mail addressed to the user's address listed on the wastewater discharge permit a minimum of ten days prior to the date set for hearing, and shall be deemed delivered when placed in the mail.

   B.   Sewer service may be terminated by written order of the WRA director, specifying the grounds for such revocation and termination as outlined in 1.J. of this section, which order shall not take effect until hearing thereon as hereafter provided. Upon determining that grounds exist for an order to terminate sewer service, the WRA director shall cause a notice of hearing to be prepared, specifying the violation of 1.J. of this section which is deemed to have occurred, and the time, date and place that such hearing will be held. The notice shall be sent to the user by regular mail addressed to the user's address a minimum of ten days prior to the date set for hearing, and shall be deemed delivered when placed in the mail.

   C.   If, after such a hearing, the WRA Director makes a finding based on substantial evidence that actions subject to revocation under subsection 1 of this section have occurred as alleged, the Director may revoke the permit if a permit had previously been issued, and terminate sewer service to the user's premises. The determination of whether to revoke such permit and terminate service shall be in the discretion of the WRA Director and shall be dependent upon the circumstances surrounding violations by the user subsection 1 of this section and their severity. If the user does not appear for the hearing, the WRA Director shall issue the order revoking the discharge permit and/or terminating sewer service, which shall take effect immediately.

   D.   The decision and order of the WRA director to revoke the permit of a user may be appealed to the WRA appeal committee. Such appeal request shall be in writing, shall include the grounds for appeal including any factual findings which are disputed, and shall be delivered to WRA not less than 10 days after the director's entry of the order of revocation of permit and/or termination of sewer service. Such appeal request shall be considered delivered when placed in the mail, return receipt requested, addressed to:

      WRA Appeal Committee
      Des Moines Metropolitan Wastewater Reclamation Authority
      3000 Vandalia Road
      Des Moines, Iowa 50317
   The chair of the appeal committee shall schedule the appeal and shall cause notice of the time, date and place of the hearing to be mailed to the appealing user. Such appeal shall be decided by majority vote of the appeal committee. If the appeal committee affirms the order of the WRA director revoking the permit and/or terminating sewer service, the appeal committee shall so state and order in its written decision.

   E.   A user whose permit has been revoked shall not be eligible for another permit until thirty (30) days after the violating conditions have been corrected to the satisfaction of the WRA Director.

   F.   Upon determination by the WRA Director that the user's sewer service connection to the POTW be terminated, the Director's written order shall be sent to the City public works department, which shall cause the user's connection to the sewer to be severed or plugged. The manner of severage and procedure for disconnection shall be determined by the City public works department. Upon completion of the disconnection, the City public works department shall certify the City's cost to disconnect the user's sewer service. Upon receipt of such certification of costs, the WRA Director shall forward to the user whose service was disconnected, by registered mail return receipt requested, by certified mail, or by personal service, a bill for the cost of making the disconnection, including all costs for labor and materials, and a service charge of $500.00 for WRA supervision.

   G.   Any building at which sewer service is disconnected as herein provided shall be inspected by the City Building Official and if appropriate shall be red-tagged as unfit for human occupancy.

(Ord. 2118 - Sep. 22 Supp.)

100.42 REINSTATEMENT OF SERVICE.

In the event of severance of service, the service may be reinstated in the following manner:

1.   Upon payment to the WRA of any delinquency in full, plus the cost of the disconnection and the $500.00 supervision fee, and an inspection by the WRA Director to determine whether the original cause for termination has been corrected, the WRA will issue a permit for reconnection of the building service line to the POTW. Such reconnection costs, plus inspection fees for the City in accordance with this Code, shall be at the sole expense of the user.

2.   Upon reconnection and payment of all costs described above, the City of Ankeny, through its agents, shall remove the red-tag from the building and the building shall, so far as this chapter is concerned, be “fit for human occupancy.”

(Ord. 2118 - Sep. 22 Supp.)

100.43 EMERGENCY DISCONNECTION OF SERVICE.

1.   Conditions for Immediate Disconnection of Service. The WRA Director may, after informal notice, suspend the wastewater discharge permit and sewer service to a user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW, or the environment.

2.   Procedures for Immediate Disconnection.

   A.   When the WRA Director determines that a discharge as described in Section 1 exists, a verbal order shall be issued (followed immediately by a written order) to the user stating the problem and requiring immediate cessation of the discharge. Users verbally notified of a suspension of the sewer service or the wastewater discharge permit shall immediately stop or eliminate all discharges. In the event of a user's failure to comply immediately and voluntarily with the suspension order, the WRA Director shall take immediate action to eliminate the discharge including disconnection from the POTW. Methods of informal notice to a user shall include, but not be limited to, any of the following; personal conversations between user and personnel of the WRA or its operating contractor, telephone calls, letters, hand delivered messages or notices posted at the user's premises or point of discharge.

   B.   Users responsible, in whole or in part, for imminent endangerment shall submit a detailed written report describing the causes of the endangerment and the measures taken to prevent any future occurrence to the WRA Director prior to the hearing described in Section 100.41(2).