Chapter 13.12
PRETREATMENT STANDARDS
Sections:
13.12.010   Reserved
13.12.020   Adoption by reference
13.12.030   Applicability
13.12.040   Judicial enforcement remedies
13.12.050   Collection of fees, charges and penalties
13.12.060   Remedies nonexclusive
13.12.010 Reserved
13.12.020 Adoption by reference.
   A.   That certain document known as “City of Casa Grande Pretreatment Regulations,” three copies of which are on file in the office of the Casa Grande city clerk, which document was made a public record by Resolution 5030 of the City of Casa Grande, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this section.
   B.   The pretreatment regulations contained in the public record adopted by Casa Grande Resolution 2565, and adopted by reference through Casa Grande Ordinance 1397.13.11 in 1998, that are in conflict with the provision of this section, or any part of the document known as the City of Casa Grande Pretreatment Regulations adopted herein by reference, are hereby repealed.
(Ord. 1397.08.26 § 5, 2017; Ord. 1397.13.11 §§ 1, 3, 1998)
13.12.030 Applicability.
   The Casa Grande Pretreatment Regulations dated April 3, 2017, set forth uniform requirements for all industrial users discharging to the city's publicly-owned treatment works (POTW), and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 USC §§ 1251 et seq.), the General Pretreatment Regulations (40 CFR Part 403), and the discharge permits issued by the Arizona Department of Environmental Quality. Any industrial user, the discharge from which directly or indirectly enters the city’s POTW from areas within or without the boundaries of the city, shall be bound by the pretreatment regulations. The pretreatment regulations may be enforced against any industrial user.
(Ord. 1397.08.26 § 6, 2017)
13.12.040 Judicial enforcement remedies.
   A.   Injunctive Relief. When it finds that an industrial user has violated, or continues to violate, any provision of the pretreatment regulations adopted in Section 13.12.020, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial wastewater discharge permit, order, or other requirement imposed by these pretreatment regulations on activities of an industrial user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the industrial user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against an industrial user.
   B.   Civil Penalties.
   1.   An industrial user who has violated, or continues to violate, any provision of these pretreatment regulations, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty not to exceed twenty-five thousand dollars ($25,000) per day per violation. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.
   2.   The city may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
   3.   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against an industrial user.
   C.   Civil/Administrative Fine Pass Through. In the event that an industrial user discharges such pollutants which cause the city to violate any condition of its NPDES permit, and the city is fined by the EPA or the state for such violation, then such industrial user shall be fully liable for the total amount of the fine assessed against the city by the EPA and/or the state.
   D.   Criminal Penalties.
   1.   An industrial user that willfully, recklessly or negligently violates any provision of these pretreatment regulations, including making false statements, shall, upon conviction, be guilty of a Class 1 misdemeanor, punishable by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation, and/or by imprisonment up to six months. Each day any violation of these pretreatment regulations occurs shall constitute a separate offense.
   2.   The city may refer violations that may warrant criminal prosecution to the U.S. Attorney General’s Office, State Attorney General, EPA Criminal Investigation Division or other appropriate agency. This referral shall not preclude the city from taking a parallel administrative or civil enforcement action.
(Ord. 1397.08.26 § 7, 2017)
13.12.050 Collection of fees, charges and penalties.
   The amount of any penalty imposed by the provisions of these pretreatment regulations, including interest and penalty assessments, shall be deemed a debt owed to the city. An action in the name of the city may be commenced in any court of competent jurisdiction for the amount of any penalties. If legal action is brought by the city, or its assignee, to enforce collection of any amount charged and due under these pretreatment regulations, any judgment rendered in favor of the city shall include costs of suit incurred by the city, or its assignee, including a reasonable attorney's fee.
(Ord. 1397.08.26 § 8, 2017)
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