(A) Whenever the Director of Utilities or his or her designee, finds that any user has violated or is violating any prohibition, limitation of provision of § 50.02 or MS4 stormwater regulation, he or she may serve upon such user a written notice of violation stating the nature of the violation. Within ten days of receipt of this 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 Utilities. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director of Utilities to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Emergency Suspension of Utility Service and MS4 Access. The city may, without prior notice, suspend water service, sanitary sewer service, and/or MS4 discharge access to a user discharging to the MS4, waters of the United States, waters of the State of Ohio or the city sewerage system tributary to the waste water treatment plant, when such suspension is necessary to stop an actual or threatened illicit discharge which:
(1) Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons as determined by the City of Bowling Green; or
(2) Presents or may present imminent and substantial danger to the MS4, the waste water treatment plant or waters of the United States as determined by the City of Bowling Green.
(3) As soon as is practicable after suspension of service or MS4 discharge access, the city shall notify the violator of the suspension in person or by certified mail, return receipt requested, and shall order the violator to cease the illicit discharge immediately.
(4) If the violator fails to comply with an order issued under this chapter, the city may take such steps as the city deems necessary to prevent or minimize damage to the MS4 or waters of the United States and waters of the State of Ohio, the city sewerage system, and wastewater treatment plant or to minimize danger to persons.
(5) The city shall not reinstate suspended services or MS4 access to the violator until the violator presents proof, satisfactory to the city, that the illicit discharge has been eliminated and the cause determined and corrected;
(a) The violator pays the city for all costs the city incurred in responding to abating, and remediating the discharge or threatened discharge; and
(b) The violator pays the city for all costs the city will incur in reinstating service or access.
(6) A violator whose service or access has been suspended or disconnected may appeal such enforcement action to the city in writing within ten days of notice of the suspension in accordance with § 50.02 and this section.
(7) The city may obtain a lien against the property to recover its response costs.
(8) The remedies provided by this section are in addition to any other remedies set out in § 50.02. Exercise of this remedy shall not be a bar against, or a prerequisite for taking other action against a violator.
(C) Non-Emergency Suspension of Utility Service and MS4 Access. The city may terminate the city provided water supply, sanitary sewer connection, and/or MS4 access to any person discharging to the MS4 in violation of § 50.02 and this section if such termination would abate or reduce the illicit discharge.
(1) The city will notify a violator of the proposed termination of its water supply, sanitary sewer connection, and/or MS4 access.
(2) The city shall not reinstate suspended services or MS4 access to the discharger until:
(a) The violator must present proof, satisfactory to the city, that the illicit discharge has been eliminated and its cause determined and corrected; and
(b) The violator pays the city for all costs the city will incur in reinstating service or MS4 access.
(3) The remedies provided by this section are in addition to any other remedies set out in § 50.02. Exercise of this remedy shall not be a bar against, or a prerequisite for taking other action against a violator.
(4) A person commits an offense if the person reinstates water service, sanitary sewer service, and/or MS4 access to premises terminated pursuant to this section without the prior approval of the city.
(D) Consent Orders. The Director of Utilities may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document.
(E) Show Cause Hearing. If the violation is not corrected by timely compliance, the City Engineer, or the Director of Utilities may order any user who causes or allows an unauthorized discharge to show cause before the Director of Utilities as to why the proposed enforcement action should not be taken. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the Director of Utilities regarding the violation, and directing the offending party to show cause before the city why an order should not be made directing termination of service. The notice of hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against a violator.
(F) The Director of Utilities may conduct a hearing and take evidence, or may designate any officer or employee of the City of Bowling Green to:
(1) Issue in the name of the city notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings.
(2) Take the evidence.
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city for action thereon.
(G) At any public hearing, testimony taken before the city or any person designated by it, must be under oath and recorded by a stenographer. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore.
(H) After the city has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that following a specified time period, storm or sanitary sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.
(I) Any discharge in violation of the substantive provisions of this chapter or an order of the city shall be considered a public nuisance. If any user discharges, stormwater, sewage, industrial wastes or other wastes into the city treatment or collection system contrary to the substantive provisions of this chapter or an order of the city, the City Attorney shall commence an action for appropriate legal and/or equitable relief in the Common Pleas Court of Wood County.
(J) Any user who is found to have violated an order of the city or who willfully or negligently fails to comply with any provision of this chapter, and the orders, rules and regulations issued hereunder, shall be fined not less than $1000.00 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against any user found to have violated this resolution of the orders, rules and regulations issued hereunder.
(Ord. 7901, passed 7-20-2009)