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Charlotte, MI Code of Ordinances
CITY OF CHARLOTTE, MICHIGAN CODE OF ORDINANCES
CHARTER
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTERS 3-5: RESERVED
CHAPTER 6: ALCOHOLIC LIQUORS
CHAPTERS 7-9: RESERVED
CHAPTER 10: ANIMALS
CHAPTERS 11 - 13: RESERVED
CHAPTER 14: BUILDINGS AND BUILDING REGULATIONS
CHAPTER 15: BUSINESSES
CHAPTERS 16 - 17: RESERVED
CHAPTER 18: CABLE COMMUNICATIONS
CHAPTERS 19 - 21: RESERVED
CHAPTER 22: COMMUNITY DEVELOPMENT
CHAPTERS 23 - 25: RESERVED
CHAPTER 26: RESERVED
CHAPTERS 27 - 29: RESERVED
CHAPTER 30: FIRE PREVENTION AND PROTECTION
CHAPTER 31: RESERVED
CHAPTER 32: MUNICIPAL CIVIL INFRACTIONS
CHAPTER 33: RESERVED
CHAPTER 34: OFFENSES
CHAPTERS 35 - 37: RESERVED
CHAPTER 38: PARKS AND RECREATION
CHAPTERS 39 - 41: RESERVED
CHAPTER 42: PLANNING
CHAPTERS 43 - 45: RESERVED
CHAPTER 46: SOLICITORS AND CANVASSERS
CHAPTERS 47 - 49: RESERVED
CHAPTER 50: SOLID WASTE
CHAPTER 51: RESERVED
CHAPTER 52: PROPERTY MAINTENANCE AND NUISANCE ABATEMENT
CHAPTER 53: RESERVED
CHAPTER 54: SPECIAL ASSESSMENTS
CHAPTERS 55 - 57: RESERVED
CHAPTER 58: STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
CHAPTERS 59 - 61: RESERVED
CHAPTER 62: SUBDIVISION REGULATIONS
CHAPTER 63: RESERVED
CHAPTER 64: TAX EXEMPTION
CHAPTER 65: RESERVED
CHAPTER 66: TRAFFIC AND VEHICLES
CHAPTER 67: RESERVED
CHAPTER 68: UTILITIES
CHAPTER 69: RESERVED
CHAPTER 70: VEGETATION
CHAPTER 71: RESERVED
CHAPTER 72: MUNICIPAL AIRPORT
CHAPTER 73: RESERVED
CHAPTER 74: VEHICLES FOR HIRE
CHAPTERS 75 - 81: RESERVED
CHAPTER 82: ZONING
PARALLEL REFERENCES
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§ 68-192 WASTEWATER DISCHARGE AND WASTEWATER CONTRIBUTION PERMITS.
   (A)   It shall be unlawful to discharge without a city permit to any natural outlet within the city or in any area under the jurisdiction of the city or to the POTW any wastewater except as authorized by the Director in accordance with this article.
   (B)   All major contributing industries proposing to connect to or contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW.
   (C)   Users required to obtain a wastewater contribution permit shall complete and file with the city an application in the form prescribed by the city and accompanied by a fee. Proposed new users shall apply for a wastewater contribution permit at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the information required. The following information shall also be submitted:
      (1)   A base line monitoring report (BMR) must be submitted at least 90 days prior to commencement of the discharge. The required sampling, for BMRs, will be based on both grab samples and composite samples. If known pollutants which are limited by the city, state, or federal agency are discovered in the discharge, a statement must be prepared regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance or additional pretreatment is required for the user to meet applicable pretreatment standards;
      (2)   If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment shall be submitted to the Director. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
         (a)   The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing final plans, executing contract for major components, commencing construction, completing construction, and the like);
         (b)   No increment referred to in subsection (C)(2)(a) of this section shall exceed 9 months;
         (c)   Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. No more than 9 months shall elapse between such progress reports to the manager.
      (3)   Any other information as may be deemed by the city to be necessary to evaluate the permit application.
   (D)   Within 9 months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by this section, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by this section.
   (E)   Permits may contain the following:
      (1)   The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
      (2)   Limits on the maximum wastewater constituents and characteristics;
      (3)   Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
      (4)   Requirements for installation and maintenance of inspection and sampling facilities;
      (5)   Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards of tests and reporting schedule;
      (6)   Compliance schedules;
      (7)   Requirements for submission of technical reports or discharge reports;
      (8)   Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording the city access thereto;
      (9)   Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater system;
      (10)   Requirements for notification of sludge discharges;
      (11)   Other conditions as deemed appropriate by the city to ensure compliance with this article.
   (F)   Permits shall be issued for a specified time period, not to exceed 3 years. A permit may be issued for a period less than 1 year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user’s permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
   (G)   Wastewater contribution permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the city. If a transfer is granted, a copy of the existing control mechanism must be provided to the new owner or operator.
   (H)   Any user, categorical or noncategorical, issued a wastewater discharge permit shall submit to the superintendent during the months of June and December, unless required more frequently, a report indicating the nature and concentration of pollutants in the effluent and any other information the superintendent deems necessary as listed in § 68-174.
   (I)   The superintendent may impose mass limitations on users in cases where they are appropriate. In such cases, the report required by subsection (H) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.
   (J)   Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city before construction of the facility. The review of plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.
   (K)   A user to which a promulgated federal categorical pretreatment standard applies shall achieve compliance with such standard within the shortest time feasible, not to exceed 90 days.
   (L)   The surveillance reports referred to in this article shall be signed as follows:
      (1)   By a responsible corporate officer, if the user submitting the reports is a corporation. The term “responsible corporate officer” means:
         (a)   A President, Secretary, Treasurer or Vice-President of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
         (b)   The manager of 1 or more manufacturing, production or operation facilities employing more than 250 persons, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
      (2)   By a general partner or proprietor, if the user submitting the reports is a partnership or sole proprietorship, respectively.
      (3)   By a duly authorized representative of the individual designated in subsection (L)(1) or (2) of this section, if:
         (a)   The authorization is made in writing by the individual described in subsection (L)(1) or (2) of this section;
         (b)   The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager or a position of equivalent responsibility for environmental matters for the company; and
         (c)   The written authorization is submitted to the superintendent.
      (4)   If an authorization under this subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this subsection must be submitted to the superintendent prior to or together with any reports to be signed by an authorized representative.
      (5)   Compliance reports by non-domestic users must contain the certification statement requried by 40 CFR 403.6(a)(2)(ii).
   (M)   It is the responsibility of the permitter to notify the new permittee, at the time that the permit is granted, of all specifications and regulations that the permittee is responsible to comply with.
(1993 Code, § 68-191) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)
§ 68-193 CONFIDENTIAL INFORMATION AND PUBLIC RECORDS.
   Information and data furnished to the city POTW with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the city POTW that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger. When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon request to governmental agencies for uses related to this article, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Any request that data be kept confidential must be asserted at the time of submission of the information or data. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the city POTW as confidential shall not be transmitted to any governmental agency or to the general public in the city until and unless a 10 day (optional) notification is given to the discharger.
(1993 Code, § 68-192) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)
§ 68-194 ENFORCEMENT.
   (A)   Emergency suspension of service and discharge permits. The city POTW may for good cause shown suspend the wastewater treatment service, the water supply service, electrical service, and/or the wastewater discharge permit of a discharger when it appears to the city POTW that an actual or threatened discharge presents or threatens:
      (1)   A violation of the NPDES permit;
      (2)   An imminent or substantial danger to the health or welfare of persons;
      (3)   An adverse impact to the environment;
      (4)   Interference with the operation of the POTW;
      (5)   Violation of any pretreatment limits imposed by the city pursuant to this article; or
      (6)   Violation of any wastewater discharge permit issued by the city pursuant to this article.
   Any discharger notified of the suspension of the city POTW wastewater treatment service, the water supply service, the electrical service, the discharger’s wastewater permit, contract or waiver shall, within a period of time as determined by the approval authority, cease all discharges or be subject to utility cutoff or sewer blockage by the approval authority. If the discharger fails to comply voluntarily with the suspension order within the specified time, the city POTW shall notify the Michigan Department of Environmental Quality and commence judicial proceedings immediately thereafter to compel the discharger’s compliance with such order. The city POTW shall reinstate the wastewater discharge permit, contract or waiver or the wastewater treatment service and terminate judicial proceedings upon proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat as set forth in this subsection.
   (B)   Revocation of permit, contract or waiver. The city POTW may revoke the permit, contract or waiver of any discharger which fails to:
      (1)   Factually report the wastewater constituents and characteristics of its discharge;
      (2)   Report significant changes in wastewater constituents or characteristics;
      (3)   Refuses reasonable access to the discharger’s premises by representatives of the POTW or the Michigan Department of Environmental Quality for the purpose of inspection or monitoring; or
      (4)   Violates the condition of its permit, contract, waiver or this article or any final judicial order entered with respect thereto.
   (C)   Notice of violation. Upon determination by the POTW that a user has violated any provision of this article, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the POTW shall serve or cause to be served upon such discharger a written notice, either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation.
      (1)   Unless otherwise specified by the NOV, the following provisions shall apply: within 30 days of the date of the NOV, the user shall submit to the POTW an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions. Submission of the required plan shall not in any way relieve the user of liability for any violations occurring before or after the receipt of the notice of violation. The POTW shall approve or reject the user’s proposed plan after receipt thereof.
      (2)   Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
      (3)   Failure to comply with any requirement of a notice of violation shall constitute a separate violation of this article.
   (D)   Orders. The POTW superintendent may issue an order to any user as determined by the superintendent to be appropriate under the circumstances, as provide by this section. Multiple orders may be issued simultaneously or in combination as a single order with respect to a single discharger. Notwithstanding any provision of this article to the contrary, the POTW superintendent may issue any type of order or orders as determined necessary by the superintendent to comply with the intent and purposes of this article or other applicable laws and regulations.
      (1)   Service. An order shall be served upon a user and shall contain the information as provided in § 68-194(E)(2) of this article. However, orders to immediately cease and desist discharge, or to terminate sewer services, or other emergency orders where delay might endanger human health, the environment or the POTW, may be oral and may be served by telephone to be followed within 5 days by written confirmation of the order by the POTW superintendent.
      (2)   Types of orders. The POTW superintendent may issue the following types of orders:
         (a)   Order to immediately cease and desist discharge. The POTW superintendent may issue an order to cease and desist from discharging any wastewater, pollutant, or discharge not in compliance with this article. The order shall have immediate effect if the actual or threatened discharge to the POTW presents, or may present, imminent or substantial endangerment to the health or welfare of persons, to the environment, or causes, or may cause, interference or pass through. The POTW superintendent shall implement whatever action is necessary to halt the illegal discharge. The user shall be assessed for any penalties, fines, charges, surcharges, expenses, or losses incurred due to the actual or threatened discharge or pollutants as provided by this article.
         (b)   Order to cease discharge within a certain time. The POTW superintendent may issue an order to cease and desist from discharging any wastewater, pollutant, or discharge not in compliance with this article by a certain time and date. The proposed time for remedial action shall be specified in the order. In addition to other circumstances as determined appropriate by the POTW superintendent, the failure to pay applicable permit fees or to comply with any term of a wastewater discharge permit constitutes sufficient cause to issue an order under this section.
         (c)   Order to effect pretreatment. The POTW superintendent may issue an order to a user requiring the user to pretreat its discharge in accordance with this article. Any user subject to an order to pretreat shall prepare a plan to pretreat its discharge so that the discharge complies with the requirements of the order and this article. The plan shall be submitted to the POTW superintendent within a reasonable period as specified in the order. The plan shall be prepared in accordance with good engineering practice and shall state whether construction is necessary, as well as identify measures that can be completed without construction. The plan shall contain a schedule of compliance for completion of each of the various phases necessary to implement full pretreatment. The schedule of compliance must be approved by the POTW superintendent. The schedule of compliance shall consist of one or more remedial measures, including enforceable timetables for a sequence of actions or operations leading to compliance with an effluent standard, or other prohibition or standard. The following steps or phases shall be included in the schedule of compliance as determined necessary by the POTW superintendent.
            1.   Retain a qualified engineer and/or consultant.
            2.   Obtain any engineering or scientific investigation or surveys deemed necessary.
            3.   Prepare and submit a preliminary plan to achieve pretreatment.
            4.   Prepare plans and specifications, working drawings, or other engineering or architectural documents that may be necessary to effect pretreatment.
            5.   Establish a time to let any contract necessary for any construction.
            6.   Establish completion times for any construction necessary.
            7.   Establish a time limit to complete full pretreatment pursuant to the final order.
            8.   If a phase or unit of construction or implementation may be effected independently of another phase or unit, establish separate timetables for the phase or unit.
         (d)   Order to perform affirmative action. The POTW superintendent may issue an order requiring a user to perform any action determined necessary by the POTW superintendent under this article, including, but not limited to, requiring a user to submit samples.; to install sampling, metering and monitoring equipment; to submit reports; to permit access for inspection, sampling, testing, monitoring and investigations; to reduce or eliminate a discharge or pollutants in a discharge; or to pay permit fees or other applicable charges.
         (e)   Order to terminate sewer services. The POTW superintendent may issue an order to terminate the sewer services of a user, including physical blockage of the user's sewer connection, for reasons including, but not limited to, the following:
            1.   A discharge that violates any general or specific discharge prohibition, including any pretreatment standard or requirement, and that reasonably appears to present an imminent endangerment to human health, the environment or the POTW.
            2.   Failure of a user to notify the POTW of any discharge as described in § 68-172 of which the user was aware or reasonably should have been aware.
            3.   Failure of a user to sample, monitor, pretreat, report, or failure to install monitoring or pretreatment facilities, as required by an order of the POTW superintendent.
            4.   A knowing, willful violation of any term, condition or requirement of an order or wastewater discharge permit, or any provision of this article.
            5.   A negligent violation of any major term, condition or requirement of an order or wastewater discharge permit. For purpose of this section, a "major" term, condition or requirement is one the violation of which is reasonably likely to endanger human health, the environment or the POTW. It shall be a violation of this article for any person to remove or tamper with any physical blockage or bulkhead installed pursuant to an order under this article.
            6.   The POTW superintendent's determination that such an order is necessary to comply with the intent and purposes of this article or other applicable laws and regulations.
      (3)   Immediate response to order may be required. Any user issued an order as provided by this section to immediately suspend it discharge to the POTW shall immediately stop or eliminate the discharge using whatever means are necessary to do so, or take any other action as required by the order. If the user fails to comply voluntarily with the order to immediately suspend its discharge, the city shall take any action determined necessary as authorized by this article, including, but not limited to, immediate suspensions of water service and/or severance of the sewer connection or commencement of judicial proceedings, to prevent or minimize damage to the POTW or endangerment to public health, safety or the environment. The city may reinstate the wastewater treatment service and terminate any judicial proceedings, as applicable, upon satisfactory proof or other demonstration by the user that the noncomplying discharge has been eliminated or will not reoccur. A detailed written statement submitted by the user describing the causes of the noncomplying discharge and the measures taken to prevent any further occurrence shall be submitted to the POTW superintendent within 15 days of the occurrence.
      (4)   Noncompliance due to factors beyond user's control. If noncompliance with an order is unintentional and temporary and due to factors beyond the reasonable control of a user, and the user can demonstrate the conditions necessary for demonstration of an upset as provided by § 68-196(A), the POTW superintendent may modify the order or take other actions as determined appropriate. However, a user shall not be relieved of liability for noncompliance with an order to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
      (5)   Amendment, suspension and revocation of orders. An order shall be subject to amendment, suspension or revocation as determined appropriate by the POTW superintendent. Notice of the amendment, suspension or revocation shall be served upon the user in the same manner as notice was provided for the original order. An amendment, suspension or revocation of an order shall be subject to the same procedures for review and appeal as the original issuance of the order, as provided by this article.
      (6)   Consent orders and agreements. The POTW superintendent may enter into a consent order or agreement with a user to resolve disputed claims and address identified and potential deficiencies in the user's compliance status. The order or agreement shall be in the form of a written agreement with the user and may contain appropriate provisions, including, but not limited to, compliance schedules and stipulated fines and remedial actions.
      (7)   POTW authority to require finance assurances. The POTW may require a noncompliant user to post a performance bond (or other form of surety acceptable to the POTW superintendent) sufficient to cover expenses that might reasonably be incurred as a result of future violations. Users that have in the prior 2 years been responsible for causing interference or pass through at the POTW may be required to obtain liability insurance sufficient to cover the reasonable costs of responding or restoring the POTW in the event of a second such incident. These requirements may also be made conditions of a user's permit.
   (E)   Service of notices of violations, orders and notices of assessments. Except as otherwise expressly provided by this article, all orders, notices of violations and notices of assessments shall be served upon persons and shall contain the information as provided by this section.
      (1)   Service. Service shall be by personal delivery or certified mail (return receipt requested), addressed to the user, alleged violator or other person, as applicable, at the person's last known address as shown by city records. The person served shall sign and date the order or notice and shall return the signed original copy to the POTW; provided, that the failure to do so shall not affect the person's obligation to comply with the order or notice. Further a notice or order served by mail may not actually be received, but this shall not nullify any enforcement action subsequently taken by the POTW under authority of this article.
      (2)   Contents. All orders and notices shall contain at least the following information, as applicable to the situation and to the extent know by the POTW:
         (a)   The name and address of the violator;
         (b)   The location and time that the violation occurred or was observed, and the duration of the violation;
         (c)   The nature of the violation, including the provisions of this article or of any permit, order, decision, determination or agreement violated;
         (d)   The basis for determining that a violation has occurred (personal observation, pollutant analysis, and the like);
         (e)   The amount of the fine, penalty or charge assessed or due, if any;
         (f)   The manner in which, and time and date by which, any fine, penalty or charge must be paid, including any penalty or charge for late payment;
         (g)   The remedial action ordered, the time within which require actions must be taken, and any consequences for failure to do so;
         (h)   The right to appeal the issuance of the order or notice and a summary of the procedures for appeal, or other applicable administrative procedures;
         (i)   The date and time the order or notice was issued.
      (3)   Request for additional information. A person served may request additional information from the POTW superintendent regarding the contents or requirements of any order or notice. However, a request for additional information shall not extend the time for compliance with an order or notice.
   (F)   Show cause hearing. Where the violation of subsection (B) of this section is not corrected by timely compliance by means of administrative adjustment, the POTW may order any discharger which causes or allows conduct prohibited by subsection (B) of this section to show cause before the POTW or its duly authorized representative why the proposed revocation should not be taken. A written notice shall be served on the discharger by personal service, certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the POTW or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action and directing the discharger to show cause before the POTW or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than 10 days before the hearing. Service may be made on any agency, officer or authorized representative of a discharger. The proceedings at the hearing shall be conducted by the city POTW which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeal of such orders may be taken by the discharger in accordance with applicable local or state law.
   (G)   Judicial proceedings. Following the entry of any order by the city POTW with respect to the conduct of a discharger contrary to the provisions of subsection (B) of this section, the attorney for the POTW may, following the authorization of such action by the POTW, commence an action for appropriate, equitable relief in the appropriate court.
   (H)   Publication of users in significant non-compliance. The POTW shall publish once per year in the largest daily newspaper in the city a list of categorical industrial users that, at any time during the previous 12 months, were in significant non-compliance with the applicable pretreatment standards or requirements. The POTW may similarly publish a list of non-categorical users found to be in significant non-compliance as determined appropriate by the POTW superintendent. For the purposes of this section, a user shall be considered to be in significant non-compliance if its violations meet one or more of the following criteria:
      (1)   Chronic violation of discharge limits, defined here as those in which 66% or more of all of the measurements taken during a 6-month period exceed (by any magnitude) the daily maximum limit or the average limit of a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) 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 taken for the same pollutant parameter during a six-month period equal or exceed the product of the daily maximum limit or the average limit numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) 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 a pretreatment effluent limit (daily maximum, or longer-term average) standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority POTW 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 caused imminent endangerment to human health, welfare, or to the environment, or has resulted in the POTW's exercise of its emergency authority 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;
      (8)   Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
   (I)   Criminal investigation; imprisonment. The city may initiate a criminal investigation which involves the study of facts used to identify, locate and prove the guilt of a criminal. A criminal investigation may include searches, interviews, interrogations, evidence collection and preservation, and various methods of investigation. The following provide the basis for a criminal investigation. Any person who:
      (1)   At the time of the violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this article or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the POTW under this article;
      (2)   Intentionally makes a false statement, representation, or certification in an application for, or form pertaining to a permit, or in a notice, report, or record required by this article, or in any other correspondence or communication, written or oral, with the POTW regarding matters regulated by this article;
      (3)   Intentionally falsifies, tampers with, or renders inaccurate any sampling or monitoring device or record required to be maintained by this article;
      (4)   Maliciously or willfully breaks, damages, destroys, uncovers, defaces or tampers with any structure, appurtenance, or equipment that is part of the POTW; or
      (5)   Commits any other act that is punishable under state law by imprisonment for more than 93 days.
      (6)   Such person shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500 per violation per day or imprisonment for up to 93 days or both in the discretion of the court.
(1993 Code, § 68-193) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)
§ 68-195 PENALTIES.
   (A)   Civil penalties. Any discharger who is found to have violated an order of the POTW or who has failed to comply with any provision of this article and the regulations or rules of the POTW or orders of any court of competent jurisdiction or permits issued under this article may be subjected to the imposition of a civil penalty of $500 per day for each day the violation occurs and a penalty of double any economic gain made by continuing operations during a violation.
   (B)   Recovery of costs incurred by city. Any discharger violating any of the provisions of this article or who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the POTW stormwater or wastewater disposal system shall be liable to the POTW for any expense, loss or damage caused by such violation or discharge. The POTW shall bill the discharger for the costs incurred by the POTW for any supervision, investigation, sampling, administration, cleaning, repair or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this article enforceable under the provisions of this article. In addition, the charges which are made pursuant to this article are hereby made a lien on all premises served thereby, subject to the remedies described in § 68-102 of this chapter.
(1993 Code, § 68-194) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)
§ 68-196 UPSET.
   An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if all of the requirements of § 68-196(A) below, are met. However, in the event of an upset, the user may still be liable for surcharges for exceeding applicable discharge limitations as provided by this article. In any enforcement proceedings, the user seeking to establish the occurrence of an upset shall have the burden of proof.
   (A)   Conditions necessary to demonstrate upset. A user seeking to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, all of the following:
      (1)   An upset occurred and the user can identify the cause(s) of the upset;
      (2)   The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
      (3)   The user submitted the following information to the POTW, within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission contain the same information must be provided within 5 days of becoming aware of the upset:
         (a)   A description of the discharge and cause of non-compliance;
         (b)   The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the non-compliance is expected to continue; and
         (c)   The steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
   (B)   User responsibility in case of upset. The user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards and other applicable limits upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
(Ord. 2014-01, passed 1-27-2014)