922.23 ENFORCEMENT OPTIONS.

   Should a Food Service Establishment fail to respond to an NOV, or fail to respond adequately, the WWTP official may pursue one or more of the following enforcement options:

   (a)    Assess Noncompliance Fees to the FSE.

      (1)   A Food Service Establishment determined to be in noncompliance with the provisions specified in this Chapter shall pay a noncompliance fee. The purpose of the noncompliance fee is to compensate the City for costs of additional inspection and follow-up, sampling, monitoring, laboratory analysis, and administrative processing incurred as a result of the noncompliance, and shall be in addition to, and not in lieu of, any penalties as may be assessed pursuant to Sections 922.25 and 922.26 .

      (2)   Pursuant to R.C. 6111.09, the City may assess fines up to $10,000.00 per day, per violation and retroactive to the first known day of noncompliance as needed.

   (b)   Put the FSE under Permit.

      (1)   FOG Wastewater Discharge Permit Requirement.

         A.   Food Service Establishments proposing to discharge or currently discharging wastewater containing FOG into the municipal sewer system may be issued a FOG Wastewater Discharge Permit by the City.

         B.   FOG Permits will be required on an "as needed" basis, as determined by the City of Aurora for FSE's that do not fully comply with the terms and conditions of this Chapter. FOG permits are designed to bring FSE's into compliance with this Chapter.

         C.   WWTP/Department of Public Services shall develop all necessary FOG Permits for Food Service Establishments. FSE's are required to provide accurate information to the City, as requested.

         D.   The conditions of FOG Wastewater Discharge Permits shall be enforced by WWTP officials in accordance with this Chapter and applicable, local, state and federal regulations.

      (2)   FOG Wastewater Discharge Permit Fee. City of Aurora will charge an annual FOG Wastewater Discharge Permit fee of $250.00 per permit, to be paid by the Food Service Establishment.

      (3)   FOG Wastewater Discharge Permit Conditions. A FOG Wastewater Discharge Permit may contain any of the following conditions or limits:

         A.   Limits on discharge of FOG and other priority pollutants.

         B.   Requirements for installation, proper operation and maintenance (cleaning) of grease interceptors and their grease control devices.

         C.   Requirements for implementation of Best Management Practices.

         D.   Requirements for maintaining and reporting status of Best Management Practices.

         E.   Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests.

         F.   Requirements to self-monitor.

         G.   Requirements for the Food Service Establishment to construct, operate and maintain, at its own expense, FOG control device and sampling facilities.

         H.   Additional requirements as otherwise determined to be reasonably appropriate by the WWTP official to protect the municipal system or as specified by other Regulatory Agencies.

         I.   Other terms and conditions, which may be reasonably applicable to ensure compliance with this Chapter.

      (4)   FOG Wastewater Discharge Permit Modification of Terms and Conditions.

         A.   The terms and conditions of an issued permit may be subject to modification and change by the sole determination of the WWTP official during the life of the permit based on:

            1.   The discharger's current or anticipated operating data;

            2.   The City's current or anticipated operating data;

            3.   A determination by the WWTP official that such modification is appropriate to further the objectives of this Chapter.

         B.   The Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The WWTP official shall review the request, make a determination on the request, and respond in writing.

         C.   The Permittee shall be informed of the acceptability of the request within thirty (30) days of receipt of the request.

         D.   The Permittee shall be informed of any change in the permit limits, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

      (5)   FOG Wastewater Discharge Permit Termination.

         A.   An issued permit may be terminated by the WWTP official during the life of the permit based on:

            1.   The discharger's current or anticipated operating data;

            2.   The City's current or anticipated operating data;

            3.   Recent compliance history of the Food Service Establishment;

            4.   A determination by the WWTP official that such modification is appropriate to further the objectives of this Chapter.

         B.   The Permittee may request permit termination. The request shall be in writing stating the requested termination, and the reasons for the termination. The WWTP official shall review the request, make a determination on the request, and respond in writing.

         C.   The Permittee shall be informed of the acceptability of the termination request within thirty (30) days of receipt of the request.

      (6)   FOG Wastewater Discharge Permit Duration and Renewal.

         A.   FOG Wastewater Discharge Permits shall be issued for a period not to exceed five (5) years, but generally in a cycle corresponding to the NPDEs permit of the receiving wastewater treatment facility.

         B.   FOG Wastewater Discharge Permits that are not renewed prior to their expiration shall remain in effect until formal termination or renewal.

      (7)   FOG Discharge Permit Compliance Schedule. As part of a FOG Wastewater Discharge Permit, the City of Aurora may enter into a Compliance Schedule with a Food Service Establishment. A Compliance Schedule may contain terms and conditions including but not limited to requirements for installation of a grease control device, immediate and regular pumping and maintenance of grease control device, submittal of drawings or reports, submittal of waste hauling records; implementation of best management and waste minimization practices, payment of fees, or other provisions to ensure compliance with this Chapter. The City of Aurora shall not enter into a Compliance Schedule until such time as all amounts owed by the FSE to the City, including user fees, noncompliance sampling fees, and/or other amounts due are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the WWTP official.

   (c)   Notify the City of Aurora Planning, Zoning and Building Division of the FSE's noncompliance.

   (d)   Terminate Water And/or Sewer Service. All costs for physical termination shall be paid by the owner or operator of the Food Service Establishment or Designee as well as costs for reinstating service. (Ord. 2010-184. Passed 2-14-11.)