(a) Notification of Violation. Whenever the Director finds that any User has violated or is violating this chapter, or any prohibition, limitation of requirements contained herein, the Director may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Director by the User.
(b) Remedial Actions. If any discharge to the public sewer violates the provisions of Section925.04
, the Director may:
(1) Require the discharger to demonstrate that in-plant modifications will reduce or eliminate the objectionable characteristics; or require that pretreatment and or flow equalization facilities be provided such that the discharger will not be in violation;
(2) Require the discharger to pay any added cost of handling and treating the wastes not covered by existing taxes and sewer charges; and/or
(3) Take other such remedial action as may be deemed necessary to achieve the purpose of this chapter.
(c) Show Cause Hearing.
(1) The Director shall order any user who violates this chapter, or due to an unauthorized discharge by a user, causes harm to the equipment and/or facilities of the City’s wastewater treatment plant to show cause before an Administrative Hearing Board, hereinafter called the “Board” composed by the Mayor, the Director of Law, and the Health Commissioner, why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Board why the proposed enforcement should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
(2) The Board shall conduct the hearing and:
A. Issue in the name of the Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
B. Take the evidence;
C. Transmit a report of the findings of fact and conclusions of law to the Director and the User.
(3) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the ususal charges thereof.
(4) Should the Board find that the Director’s proposed enforcement action is lawful, the Director shall issue an order to user responsible for the discharge directing that, following a specified time period, the sewer services be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(d) Harmful Contributions.
(1) There shall be no connections to the City’s sewerage system from any vessel, tank, container, or receptacle of any kind used to receive, hold, store, or in any other way handle any unacceptable substances, the discharge of which is prohibited by this chapter. Persons who in the course of their business or otherwise transport, store, receive, ship, or in any other way handle or process any such materials or substances shall prevent accidental release of such substances to any connection to the sewer system.
(2) Should there be an accidental release of such substance, the City must be notified (immediately) to enable countermeasures to be taken to minimize damage to the wastewater treatment plant, processes, and receiving system. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume and corrective actions. This notification shall be followed within 3 days of the occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence.
(3) Such notification will not relieve users of liability for any fines herein set forth or for any expense, loss, or damage to the sewer system, treatment plant, or treatment process, or for any fines imposed on the City on account thereof.
(4) The Director may suspend the wastewater treatment service when such suspension is necessary, in the opinion of the Director, in order to stop any actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interferences to the POTW or causes the City to violate any condition of its NPDES Permit.
(5) Any person notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Director shall reinstate the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Director within 15 days of the date of occurrence.
(e) Legal Action. If any person discharges wastewater, industrial wastewater or other wastes into the City’s wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the Director, the Director of Law may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas.
(f) Penalty; Costs.
(1) Civil penalties. Any user who is found to have violated an order of the Director or who willfully or negligently failed to comply with any provision of this chapter, and the order, rules and regulations issued hereunder, shall be fined up to five hundred dollars ($500.00) for each 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 of law against the person found to have violated this chapter or the orders, rules and regulations issued hereunder.
(2) Criminal penalties. In addition to any civil penalties imposed pursuant to the provisions of this chapter or by federal or state authorities, any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six (6) months, or by both.
(g) Director’s Rules and Regulations. The Director shall make and enforce such rules and regulations as he may deem necessary for the enforcement of the provisions of the chapter for the safe, efficient, and economical management of the system. Such rules and regulations, when not consistent to existing ordinances of the City or laws of the State, shall have the same force and effect as Ordinance of Council.
(h) Public Participation. The City shall annually publish in a local general distribution newspaper, a list of the users which were not in compliance with any pretreatment requirements or standards during the twelve previous months, including any enforcement actions taken against these users during the same twelve months.
(Ord. 97-9060. Passed 6-9-97.)