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(A) The Director may suspend the wastewater treatment service or a wastewater discharge permit or cut off the sewer connection when such suspension or cutoff is necessary, in the opinion of the Director, in order to stop an actual or threatened discharge which:
(1) Presents or may present an imminent or substantial endangerment to the health or welfare of persons;
(2) Presents or may present an imminent or substantial endangerment to the environment;
(3) May cause or actually causes interference to the POTW; or
(4) Causes the POTW to violate any condition of its NPDES or state discharge permit.
(B) The Director may reinstate the wastewater discharge permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.
(C) In the event of a suspension or cutoff under this section, within 15 days the user shall submit a written report describing the event that caused the suspension and the measures taken to prevent any recurrence.
(2004 Code, § 181-31) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
The Director may revoke any wastewater discharge permit if the Director finds that:
(A) A user has falsified information or records submitted or retained in accordance with this chapter;
(B) A user has violated the condition of a wastewater discharge permit;
(C) A user has refused right of entry guaranteed by § 52.028;
(D) A user has failed to reapply for a permit or request a required permit modification; or
(E) A user has discharged into the POTW in violation of this chapter.
(2004 Code, § 181-32) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) Issuance. The Director may issue a written notice if there are reasonable grounds to believe that the person to whom the notice is directed has violated:
(1) This chapter;
(2) Any rule or regulation adopted under this chapter; or
(3) Any order or permit issued under this chapter.
(B) Contents. A notice of violation issued under this section shall:
(1) Specify the provision that allegedly has been violated; and
(2) State the alleged facts that constitute the violation.
(C) Notice of violation. In addition, a notice of violation shall be issued to all users which violate their industrial discharge permits and/or this chapter. A written notice of violation requires a written response from users specifying the cause of the violation and corrective actions taken.
(2004 Code, § 181-33) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
In addition to any other enforcement action, the county may at any time issue an order establishing a compliance schedule or requiring an industrial user to submit a proposed compliance schedule for approval by the county.
(2004 Code, § 181-34) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) The county shall publish annually in the largest local daily paper a list of industrial users which at any time during the previous 12 months were in significant noncompliance with applicable pretreatment requirements.
(B) For the purpose of this provision, an industrial user is in significant noncompliance if its violation(s) meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken daily, maximum limit or the average limit for the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of pretreatment effluent limit (daily maximum or longer-term average) that the Director determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has endangered human health, welfare, or the environment or has resulted in the POTW’s exercise of its emergency authority under 40 C.F.R. § 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; and
(8) Any other violation or group of violations which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
(2004 Code, § 181-35) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) In general. After or concurrently with service of a notice of violation under this chapter, the Administrator may:
(1) Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;
(2) Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or
(3) Send a written notice that requires the person to whom the notice is directed:
(a) To appear at a hearing at a time and place scheduled in order to answer the charges in the complaint; or
(b) To file a written report and also appear at a hearing at a time and place set to answer the charges in the complaint.
(B) Effective date of order. Any order issued under this chapter is effective immediately, according to its terms, when it is served.
(2004 Code, § 181-36) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) Hearing on order. Within ten days after being served with an order, the person served may request a hearing by writing to the Clerk to the County Commissioners.
(B) Subpoenas; witnesses. In connection with any hearing under this chapter, the County Commissioners may:
(1) Subpoena any person or evidence; and
(2) Order a witness to give evidence.
(2004 Code, § 181-37) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) Orders.
(1) Unless the person served with an order makes a timely request for a hearing, the order is a final order.
(2) If the person served with an order under this chapter makes a timely request for a hearing, the order becomes a final corrective order if the County Commissioners affirms the issuance of the order in its decision following the hearing.
(B) Other action permitted. This section does not prevent the Administrator or the Attorney General from taking action against a violator before the expiration of the time limitations or schedules in the order, subject, however, to the right of the County Commissioners to stay the enforcement of the order pending the hearing.
(2004 Code, § 181-38) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) In general. The County Attorney may bring an action for an injunction against any person who violates any provision of this chapter or any rule, regulation, order, or permit adopted or issued under this chapter.
(B) Findings. In any action for an injunction under this section, any finding of the County Commissioners after a hearing is prima facie evidence of each fact the County Commissioners determines.
(C) Grounds. On a showing that any person is violating or is about to violate this chapter or any rule, regulation, order, or permit adopted or issued by the Administrator or the County Commissioners, the court may grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(D) Emergency. If an emergency arises due to imminent danger to the public health or welfare, or imminent danger to the environment, the Administrator may sue for an immediate injunction to stop any pollution or other activity that is causing the danger.
(2004 Code, § 181-39) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
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